Protective Order
If you fear for your safety due to domestic violence, threats, or stalking, a protective order (also known as a restraining order) can provide crucial legal protection. While a protective order can be a powerful tool for safety, the process of obtaining one can feel overwhelming. You'll need to demonstrate a clear reason for the court to intervene. An experienced attorney can help you through this process.
What is a Protective Order ( Restraining Order)?
A protective order, also known as a restraining order, is a court order that prohibits a person (the respondent) from contacting, harassing, threatening, injuring, or stalking you (the petitioner) or your children. It can also restrict their access to your home, workplace, or other designated locations.
Why Might You Need a Protective Order (Restraining Order)?
You may consider seeking a protective order (restraining order) if you are experiencing:
-
Domestic Violence: Physical or emotional abuse by a spouse, intimate partner, or family member.
-
Stalking: Repeated unwanted contact or threats that cause fear for your safety.
-
Dating Violence: Abuse by a current or former dating partner.
-
Threats: Serious threats of violence that make you fear for your safety
What are the Types of Protective Orders (Restraining Orders) in Louisiana ?
Louisiana offers different types of protective orders (restraining orders) depending on the situation:
-
Domestic Abuse Protective Order: Protects victims of domestic violence from intimate partners, spouses, or family members.
-
Stalking Protective Order: Protects against repeated unwanted contact or threats from any person.
-
Sexual Assault Protective Order: Protects victims of sexual assault from the perpetrator.
-
Elder Abuse Protective Order: Protects elderly or disabled individuals from abuse, neglect, or exploitation by a caretaker.
What is the Difference Between Civil and Criminal Restraining Orders?
​
In Louisiana, restraining orders can be categorized into two main types: civil and criminal. Both types aim to provide safety and protection but differ in their legal context and enforcement mechanisms.
​
-
Civil Restraining Orders: These are typically filed by individuals seeking protection from harm or harassment. They can include orders for protection in cases of domestic violence, stalking, or sexual assault. Civil restraining orders usually involve a petitioner who requests the order against another individual, the respondent. The court issues these orders to prevent harm or harassment and can include provisions like no-contact or stay-away orders.
​
-
Criminal Restraining Orders: These are typically associated with ongoing criminal proceedings. If a person is charged with a crime, such as domestic violence or stalking, the court may issue a restraining order as part of the criminal case against the defendant. These orders are designed to protect the victim or witnesses from harm or intimidation by the defendant. The enforcement of criminal restraining orders is often stricter, with violations resulting in criminal penalties.
Temporary vs. Final Restraining Orders
The difference between a temporary and a final restraining order in Louisiana is as follows:
-
Temporary Restraining Order (TRO): This is a short-term order issued quickly, often without the presence of the respondent (the person whom the order is against). It's meant to provide immediate protection and typically lasts until the court hearing for the final order.
​
-
Final Restraining Order: Issued after a court hearing where both parties can present their cases. It's more long-term compared to a TRO and includes specific terms set by the court based on the case's details. The duration and conditions of these orders are determined based on the circumstances of each case.
Contact Moisant Law Today for a Free Consultation
​
If you fear for your safety due to domestic violence, threats, or stalking, a protective order Moisant Law Firm is here to help. We understand the emotional strain of seeking a protective order.
​
Call us at 504-317-1685 or fill out our online contact form.
​
We accept cases in Orleans Parish, Jefferson Parish, and surrounding areas.
​
​