Know Your Rights: Protective Orders & Safety in Louisiana

At Oriol Law Firm, your safety is our priority. If you or a loved one is experiencing threats, harassment, or abuse, Louisiana law provides legal protections to help keep you safe. Understanding protective orders—commonly referred to as restraining orders—can be the first step in regaining control and securing your well-being.

What Is a Protective Order?

A protective order is a legal document issued by a court that restricts an individual from contacting or approaching another person. It is designed to prevent further acts of abuse, harassment, or violence. Louisiana law provides several types of protective orders, each tailored to specific circumstances.

Types of Protective Orders in Louisiana

1. Temporary Restraining Order – Issued by a judge when immediate protection is needed. A temporary restraining order is granted only until a full court hearing can be held.
2. Injunctions against Harassment and Abuse - Following a court hearing, a judge or hearing officer can grant an injunction restricting the other party from further harassment or abuse.  Violating an injunction against harassment may result in being held in contempt of court.
3. Protective Order – Granted after a hearing, this order can last up to 18 months (or longer in certain circumstances) and provides extended protection from the abuser.  Protective Orders significantly impact the rights of the abuser such as the ability to possess a firearm, and violation of the protective order is a crime.

Who Can Request a Protective Order?

Protective orders are available to individuals who have experienced domestic violence, stalking, sexual assault, or harassment. Eligible individuals may include:

• Spouses or former spouses
• Dating partners (current or former)
• Household members
• Parents of a child in common

How to Obtain a Protective Order in Louisiana

1. File a Petition – The process begins by submitting a request for a protective order at your local courthouse. A judge will review your request and may issue a temporary order for immediate protection.
2. Attend a Court Hearing – A hearing will be scheduled, where both parties can present their case. The best way to ensure your rights are protected is to have a legal representative who can assist you before and after the hearing and will attend with you.
3. Judge’s Decision – Based on the evidence presented, the judge may grant a long-term protective order, outlining specific restrictions and legal consequences if the order is violated.

What Protections Does a Protective Order Provide?

A Louisiana protective order may include provisions such as:

• No contact with the victim (in person, by phone, by email, or through social media)
• Orders to vacate a shared residence
• Temporary custody or child visitation restrictions
• Firearm possession restrictions for the abuser

What Happens if a Protective Order Is Violated?

Violating a protective order in Louisiana is a serious offense. Consequences can include:

• Arrest and criminal charges
• Fines and jail time
• Additional legal penalties, including enhanced protective measures

How Oriol Law Firm Can Help

Navigating the legal system can be overwhelming, especially in times of distress. Our experienced attorneys at Oriol Law Firm are committed to helping you understand your rights, obtain the protection you need, and advocate for your safety. If you or a loved one is in danger, we’re here to provide the legal support necessary to take action.

Take Action Today

Your safety and well-being are too important to wait. If you believe you need a protective order, contact Oriol Law Firm for compassionate and knowledgeable legal guidance. We’ll stand by your side every step of the way.

For immediate assistance, reach out to us at (985) 845-2227, or visit us at our new office in downtown Covington, LA.