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EspañolWho can get a sexual assault protective order?
Any victim of nonconsensual sexual contact can file for a sexual assault protective order against the offender. The victim does not need to have any relationship with the abuser to file for a sexual assault protective order. The abuser can be a stranger, an acquaintance, etc.1
1 LA R.S. 46:2183(A)
What are the steps involved with getting a sexual assault protective order?
The steps to get a sexual assault protective order are similar to the steps to get a protective order for domestic abuse, but you may fill out different paperwork. If you have questions, you can call the clerk of court or talk to a lawyer. You can find the contact information for local courthouses on the LA Courthouse Locations page and for lawyers on the LA Finding a Lawyer page.
Can the court clerk help me with the paperwork?
The clerk of the court will give you the forms you need, inform you about the process of filing, and provide you with access to the notary to complete the affidavit that is needed for your petition.1 However, they cannot help you fill out the forms.
For help with filling out the forms, you can contact a sexual assault advocate.2 To find a sexual assault center and advocates in your area, you can visit the Louisiana Foundation Against Sexual Assault site.
1 LA R.S. § 46:2186(A)
2 LA R.S. § 46:2186(B), (C)
If I talk to a sexual assault advocate about what happened to me, will that information be shared in court?
Louisiana law says that an advocate from a sexual assault center that is “established and accredited in accordance with the standards set by the Louisiana Foundation Against Sexual Assault” cannot share the information you tell them; any communications that an advocate has with you while s/he is providing you with services are considered “privileged.” When a communication is privileged, that means that there is generally not a requirement to reveal it in court through testimony or to produce any records or documents related to that privileged communication in a civil or criminal proceeding.1
If the offender’s lawyer tries to get information from the advocate by sending a subpoena, both you and the advocate have the right to tell the judge the information is “privileged” and should not be revealed. It is often best to have a lawyer when trying to fight against (“quash”) a subpoena. For legal referrals, go to our LA Finding a Lawyer page.
1 LA R.S. § 46:2187(A)(1), (A)(2), (B)
If I have another case pending against the abuser, can I still get this protective order?
Receiving a sexual assault protective order does not prohibit you from also seeking other legal relief against the abuser.1 For example, the abuser can still be prosecuted for committing the sexual assault in criminal court even if you have a sexual assault protective order.
1 LA R.S. § 46:2188
