How to Get A Restraining Order In Louisiana
In Louisiana, you can acquire a restraining order that protects you and prevents an offender from contacting you. You or your family require protection if you have been the victims of violence or have been threatened with violence. A restraining order could provide you with the necessary protection. But, do you know how to seek a Louisiana restraining order? DoNotPay is here to take you through the process of getting one.
What Is A Restraining Order, And How Does It Work?
A restraining order is a court-issued document that restricts the person specified in the order from approaching the person seeking the order within a set distance. If the specified individual disregards the order, they may be arrested and prosecuted with a felony. Sometimes referred to as "protective orders," restraining orders are most typically used in domestic abuse cases; however, they can also be used to keep stalkers away.
Violation of the provisions of a restraining order is a criminal felony, and law enforcement officers must arrest if they believe or perceive that the terms of the order have been violated. If the abuser disobeys the order, contact the police right away. Keep the order with you at all times and make sure your neighbors, employers, and child care providers are aware of its provisions.
Check Your State's Restraining Order Laws
You will have to check your state's restraining order laws to request one. Here’s a quick reference for your state’s restraining order laws:
Providing Information to Law Enforcement
Restraining orders must be transmitted to local law enforcement authorities in almost every state. Twelve states have set a deadline of 48 hours for transmission. A few states have established statewide registers or information systems to keep track of current protective orders. The use of the Internet allows for quick access to statewide registrations. In Iowa, for example, certified copies of protection orders must be delivered to law enforcement agencies within 6 hours of their issuance.
Duration of Protective Orders
Restraining orders might last for a long time. They typically run for one year, with extensions allowed in exceptional circumstances. Restraining orders can be issued for up to 3 years in some states, but only for 90 days in others. Ohio has approved a bill that makes a protection order last for five years, making it the longest in the US. Protective orders are also subject to a wide range of violations. Even though most states only impose a maximum one-year penalty and a $1,000 fine for violating a protection order, states often impose obligatory jail time.
Obtaining a Restraining Order
To obtain a restraining order:
- Contact an attorney
- Report to the police
- Call an abuse hotline
- Call 911 if you are in immediate danger
If you go to the sheriff's office or the courts, you will be given documents to fill out and obtain a restraining order. Once everything is completed, you will be scheduled to meet with a judge to explain your situation.
A hearing will typically be scheduled within two weeks if the court grants the temporary restraining order. Make sure you attend your court date. The judge will determine the permanent restraining order's duration during the trial and any existing child custody agreements if you have children.
The courts treat domestic violence in child custody cases very seriously. After the court's terms are met and the restraining order is lifted, the child custody order may be temporarily changed and re-evaluated.
What Happens After a Restraining Order Hearing
After hearing all sides and weighing the facts, the court will decide. The court may make the judgment immediately or take a break to determine it. The judge may issue you a final restraining order at your hearing and sign it.
What Qualifies for a Restraining Order in Louisiana?
Although anybody can ask the court to impose a restraining order to prohibit the potentially harmful activity, the Protective Order Registry of Louisiana only includes orders preventing domestic abuse, dating violence, stalking, or sexual assault. Domestic abuse victims in Louisiana can obtain one of three types of protection orders to keep their abusers at a distance.
An emergency temporary restraining order is in effect from the time it is issued until the end of the court's next working day. Another restraining order is a temporary restraining order used to keep a person away from the abuser until the protective order hearing. On the date of the hearing, such an order usually expires. Finally, a long-term protection order can only be given once the protective order hearing is completed.
File for a Restraining Order With the Help of DoNotPay
DoNotPay is here to assist you with filing a restraining order.
How to apply for a restraining order with the help of DoNotPay:
- Search for relationship protection on DoNotPay.
- Answer a few easy questions on our File a Restraining Order product.
- Submit the form and you’re done!
And that's it! DoNotPay will compile the forms you need to fill out and give you detailed instructions for filing for a restraining order in Louisiana.
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Advantages of Using DoNotPay
- You are sure of getting a temporary restraining order with DoNotPay.
- DoNotPay's services are easily accessible. With a few clicks of a button, you may obtain the information from our company's official website.
- Say goodbye to stress, as there is no need to keep an eye on the application status.
- You enjoy tried-and-tested, top-notch consultancy services.
What Else Can DoNotPay Do?
- Taking retaliation against robocalls
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- Filing complaints against neighbors
Join us today to file a restraining order in no time!