Baton Rouge Divorce Lawyer: Beau R. Layfield
Under Louisiana law, there are various types of protective orders that
can be issued based upon the threat of physical abuse or an act of violence.
The types of domestic abuse that can lead to a restraining order include
attempted physical abuse, sexual abuse, stalking, assault, elder abuse
and elder neglect. Cases involving defamation are not considered domestic
abuse under Louisiana law, even if the statements made are completely false.
If you are the victim of
domestic violence, or you live in fear that you could be harmed due to threats made against
you, it is imperative that you seek a restraining order to assure you
receive the protection the law provides. In many cases, this is such an
urgent matter the order must be issued immediately and The Layfield Law
Firm can help you in such a situation.
TYPES OF RESTRAINING ORDERS
A restraining order is an order issued through civil court that gives a
victim or potential victim of a violent act protection. The three types
of protective orders that could be issued are as follows:
Emergency Temporary Restraining Order:
When a violent act has taken place outside of regular court hours of operation,
it is possible to receive immediate protection through an emergency temporary
restraining order, which allows you to gain the protection the law provides
immediately. This is a short-term protective order, and this protection
lasts only until the end of the following day in which the court is open.
For the protective order to continue, you must go to court and request
a temporary restraining order (TRO) or protective order.
Temporary Restraining Order (TRO):
A TRO is issued by the court on an immediate basis, and is the first step
in gaining a long-term protective order. The judge will quickly sign a
"Uniform Abuse Prevention Order", which is then forwarded to
the court clerk for filing. The clerk of court then transmits the Uniform
Abuse Prevention Order on to the Registry. As soon as the TRO has been
issued, the person accused of abuse will be notified that there is a protective
order with their name on it. There will be a court date scheduled within
approximately three weeks for a court hearing where you have the right
to be heard. It is possible that a TRO can be issued against an innocent
person, which must be addressed skillfully by an experienced attorney,
as an accusation of domestic abuse or violence is a very serious matter.
Long-Term Protective Order:
After the court hearing, a long-term protective order could be issued.
This hearing allows for evidence to be provided supporting either side
as well as allows both parties to tell their side of the story. Both parties
must attend this hearing, whereas for a temporary restraining order, the
order will be issued even if the other person is not present. If you fail
to attend the hearing for a long-term protective order, the temporary
protective order (or restraining order) expires, which means you will
have to begin the process of seeking a long-term order again. A long-term
protection order can protect you against abuse, threats, stalking or acts
of violence and can last up to 18 months. Under certain circumstances,
the long-term order can last longer. Protective orders can be extended as well.
Are you living in fear that you or your child will be harmed? Have you
been threatened with violence? It is extremely important that you are
protected by a restraining order. At The Layfield Law Firm, Beau Layfield
will act on your behalf to obtain the immediate protection needed when
you have been threatened or are a victim of domestic abuse.
There are also cases in which a restraining order is filed and the individual
accused of abuse is completely innocent. The court is not going to take
chances with the safety of a person who claims to be a victim of abuse;
therefore, an order could be falsely issued, for example, in the case
of a bitter breakup or divorce. Whether you are named in a restraining
order or you need protection, The Layfield Law Firm can be of service
to you. Beau Layfield fully understand how important it is for you to
be safe from harm and he will waste no time in getting you a temporary
restraining order for your immediate protection. He will work swiftly
to gain a long-term protective order when there has been a history of violence.
Contact The Layfield Law Firm
for immediate assistance if you need a restraining order for protection.