Louisiana Law provides Protective Order

Published 12:00 am Friday, January 16, 2004

LIVING FREE with Liz Johnson

Louisiana law provides victims of domestic violence help from their situation through a court order to protect them from being abused. This order is called a PROTECTIVE ORDER.

Through this court order, the victim can receive protection from the abuser in numerous ways. It can order the abuser to stay away from the victim, the victim’s home and the victim’s place of employment. It can give the victim the use of the community home for a limited time. This order can also provide temporary custody of the children to the victim. Fin-ancial help is another benefit that can be obtained through this order. Fin-ancial help can be in the form of temporary alimony and/or child support. These are special orders that are issued by the court to insure the safety of the victim of domestic violence. These orders can be in effect for up to eighteen months.

In order to begin the process of obtaining a PROTECTIVE ORDER one must first file a PETITION FOR PROTECTION FROM AB-USE in the district court. Once the petition is filed in the court, the district judge will sign a TEMPORARY RESTRAINING ORDER. This temporary order is granted immediately and without a court hearing. This is for immediate action so that the abuse does not continue and further harm does not occur. In the TEMPORARY RESTRAINING OR-DER a court date will be set for a hearing for the PROTECTIVE ORDER. The court date is usually set within two or three weeks of the filing of the PETITION FOR PROTECTION FROM ABUSE. The TEMPORARY RES-TRAINING ORDER is effective only until the court hearing.

At the court hearing for the PROTECTIVE ORDER, the judge will hear both the victim’s and the abuser’s side. He will decide if a PROTECTIVE ORDER should be granted and for how long the order should remain in effect. If the judge issues a protective order, the victim will be given a written order signed by the judge. If the abuser violates this order and it can be proven, this is a criminal offense that can be punished by a fine, imprisonment or both.

Living Free Ministries

Liz Johnson

P. O. Box 2815

Reserve, La. 70084

(985) 652-9938