Restraining Orders

The law says that a victim of sexual assault can get all of the same protections in his/her protective order as a victim of domestic violence can get.¹ So, in a temporary restraining order, a judge may order the abuser to:

• stop threatening, harassing, or hurting you;
• not contact or interfere with you or your children – and give you temporary custody;
• stay away from your home, work, school, etc.;
• not give away, sell, or destroy any mutually-owned property;
• move out of the residence if you live together; Note: If the abuser solely owns or leases the home, s/he will not be asked to move out unless s/he has a legal duty to support you or your children;
• return your personal property to you;
• stop abusing your pet; and
• give you possession of your pet.²

In a long-term protective order, a judge may:

• order all of the relief listed above; and
• include the following additional terms:
  • establish temporary visitation;
  • order the abuser to pay temporary child support if you have children with the abuser;
  • order the abuser to pay temporary spousal support if you are married to the abuser;
  • give you possession of a shared home, even if the abuser owns it, if you are the abuser’s spouse or have custody of your and the abuser’s minor children;
  • order a medical or mental health evaluation, or both, of the abuser to be conducted by an independent court-appointed evaluator who qualifies as an expert in the field of domestic abuse and who has no family, financial, or prior medical or mental health relationship with the abuser or his/her attorney of record; and
  • order the abuser to attend counseling.²

In addition, the law says that the abuser must (“shall”) pay for all of your court costs, attorney fees, costs of enforcing or modifying the order, costs of appeals, evaluation fees, and expert witness fees based on filing or defending any proceeding concerning a domestic abuse protection order. The abuser must also pay for all costs of medical and psychological care for you or for your children when the care is needed due to the domestic violence.³

Note: Louisiana law prohibits abuser from possessing a firearm or carrying a concealed weapon while the long-term protective order is in effect if:

• the order includes a finding that s/he represents a believable (credible) threat to the physical safety of a family member, household member, or dating partner; and
• the order includes a notice about this law and about the federal firearm law.⁴

¹ LA R.S. § 46:2183(A)
² LA R.S. §§ 46:2135; 46:2136
³ LA R.S. § 46:2136.1
⁴ LA R.S. § 46:2136.3