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EspañolWho can get a protective order?
In Louisiana, anyone who has one of the following relationships to the abuser can be eligible for a protective order:
- a family member, which includes:
- a spouse or former spouse;
- a child, step-child, foster child;
- grandchildren, great-grandchildren (“descendants”);
- a parent, step-parent, foster parent;
- grandparents, great-grandparents (“ascendants”);
- the other parent of the abuser’s child; and
- the other foster parent of the abuser’s foster child;
- a household member, which includes:
- someone who live(d) with the abuser in the same home and is/was in a sexual or intimate relationship with the abuser;1 and
- any child who live(d) in the same home as the abuser; and
- a dating partner, which is defined as someone who is/was involved in a sexual or intimate relationship with the abuser, regardless of whether they ever lived together.2
1 LA R. S. 46: 2132(4)
2 LA R. S. 46: 2151(B)
Can I get a protective order against a same-sex partner?
In Louisiana, you may apply for a protective order against a current or former same-sex partner as long as the relationship meets the requirements listed in Who can get a protective order? You must also be the victim of an act of domestic abuse, which is explained here What is the legal definition of domestic abuse in Louisiana?
You can find information about LGBTQIA victims of abuse and what types of barriers they may face on our LGBTQIA Victims page.
Can I get a protective order if I'm a minor?
As a minor, under the age of 18, you will need a parent, an adult household member, or a district attorney to file for the protective order on your behalf.1
For the definition of a household member, see Who can get a protective order?
1 LA R.S. 46: 2133(D)
Are there fees to get a protective order? Do I need a lawyer?
There are no filing fees and court costs for this process.1 For other questions about filing, you can find contact information for courthouses on the LA Courthouse Locations page.
Although you do not need a lawyer to file for a protective order, it may be to your advantage to seek legal counsel, especially if the abuser has a lawyer. If you cannot afford a lawyer but want one to help you with your case, you can find contact information for lawyers on our LA Finding a Lawyer page.
If you are going to be in court without a lawyer, our Preparing for Court – By Yourself section may be useful to you.
1 LA R.S. 46:2134(F)
