A restraining order is a court order that prohibits someone from abusing, threatening, harassing or stalking you. The process for obtaining a restraining order in Louisiana's East Baton Rouge Parish is no different than in the rest of the state. Where you must file your request depends on your relationship to the person you are seeking to restrain. A judge can grant a temporary order for your protection while you are waiting for your scheduled hearing.
Determining the Filing Location
You can seek a restraining order, also known as a protective order, if someone poses a danger to your safety. Once you have the order, the abusive party is prohibited from coming near you, your residence, school or workplace, as well as from contacting you. If he's a family member, such as a current or former spouse, you must request a restraining order from the Family Court's Domestic Violence Office at the East Baton Rouge Courthouse at 300 North Boulevard. For a restraining order against other persons, submit your request to the Civil Division of the Baton Rouge City Court at 233 Saint Louis Street. As of 2014, the filing fee is $142.50, but generally, you won't have to prepay these costs, as the other party is usually responsible for paying court fees if the court grants the order.
Filing the Correct Petition
To request a restraining order, you must file a petition for protection from abuse with the court. List yourself as the petitioner and the abusive party as the defendant. Use Form LPOR B to restrain a family member and Form LPOR O for everyone else. Ask the court clerk for the best form for your individual circumstances. You'll have to provide such information as the abusive party's name, address and relationship to you, as well as the form of abuse you experienced, such as stalking, threats or physical beatings. You must sign the form in front of a notary public.
A Hearing is Necessary
The court clerk will deliver your petition to the judge for review. If approved, the judge will grant you a temporary restraining order and schedule a hearing within 30 days. The clerk will have the sheriff deliver a copy of your petition and TRO to the defendant, and notify him of the scheduled hearing. At the hearing, you'll have an opportunity to explain why the order is necessary and present witnesses to testify on your behalf. The defendant is then allowed to respond. Generally, if the judge grants your request for the restraining order, it will be in effect for 18 months, but the judge can decide on a different duration, or you can request an extension later if you feel one is necessary. The judge can also order that certain terms will not expire.
Protective Order Registry
If you are granted a restraining against a family member in Louisiana, it is also entered into the state's protective order registry. All law enforcement agencies and courts within the state can access this computerized database, which contains every civil and criminal order issued in response to dating or domestic violence.