Protective Orders

Instructions for Completing a Petition for Protection from Domestic Abuse or Dating Violence

The Domestic Abuse Assistance Acts (La. R.S. 46:2131 et seq. and Ch.C. Article 1564 et seq.) and the Protection from Dating Violence Act (La. R.S. 46:2151) enable victims of domestic abuse and dating violence to ask for court orders to protect them from further abuse. This protection includes ordering the abusive person to stay away from the victim, and may also include ordering temporary child custody, financial support, and use of property to the victim in order to ensure safety.

The petition is the form that begins the process. The petition is an application, or a request to the court for protection from the abusive person. The petition describes the abuse and lists the kinds of protection the victim is seeking from the court. The person who files a petition for protection is called the petitioner; the person against whom the petition is filed (the abusive person) is called the defendant. The protected person is usually the petitioner, but not always. For instance, if a parent or guardian files for protection of a minor, the parent or guardian is the petitioner and the minor is the protected person. The petitioner can fill out and file the petition without using an attorney. The necessary forms are available in the clerk of court's office in each parish.

You do not have to pre-pay the court costs in order to file. If the protective order is granted, the judge should hold the abuser responsible for the court costs.

These instructions can help you understand which forms to use, and how to fill them out. In some areas of the state, the clerk of court's office or the local battered women's program may be able to assist you in preparing the forms.

Who may apply for protection under the Domestic Abuse Assistance Acts / Protection from Dating Violence Act?

Protective orders are available if you or someone in your family or household has experienced physical abuse, sexual abuse, or threats of abuse in a domestic or dating relationship. You can apply for protection for yourself, or you can apply on behalf of children or others in the home (see the relationships eligible for protection described below). You can file on behalf of an incompetent (also called an alleged incompetent) person, who is not capable of filing for him or herself due to a medical or mental disability.

The protected person may be related to the abuser as any of the following:

• Spouse or former spouse
• A person presently or formerly living in the residence as a spouse, whether married or not, of same or opposite sex
• Child, stepchild, or foster child
• Child of abuser's current or former intimate partner
• Child currently or formerly living with abuser
• Parent, stepparent, or foster parent
• Current or former dating partner
• Grandparent or other ascendant
• Grandchild or other descendant

Where can you file your petition?

Venue means the place (parish) where you can apply for a protective order. There are several possibilities of where you can file the petition. You can apply to the court in the parish where the abuse happened, in the parish where the petitioner and defendant lived together, in the parish where the defendant is living now, or in the parish where the petitioner is living now. If those parishes are not the same, you must select one in which to file the petition. Once the order has been granted, it will be good throughout the state and nation.