Restraining Orders

Baton Rouge Divorce Lawyer: Beau R. Layfield

Under Louisiana law, there are various types of protective orders that can be issued based on the threat of physical abuse or an act of violence.

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.

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.

Contact Our Compassionate and Efficient Divorce Attorney

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.