Understanding protective orders

On Behalf of Longman Jakuback

If a domestic partner sought a protective, or restraining, order against you, you may be wondering what your responsibilities are. The order itself will outline what activities you must avoid, and there should also be a timeline for how long the order is valid.

You must follow the mandates of the court-certified document. If you violate it in any way, you face possible penalties.

Potential protective orders

According to the Louisiana Supreme Court, an individual that feels in danger can seek a temporary restraining order (TRO) from the court without going through a hearing first. Based on testimony from the person seeking protection, the judge may allow the TRO. He or she will check and initial the rules that you must follow. Some common conditions, especially regarding allegations involving domestic violence, may include:

  • Stay away from the home or work location of the protected individual
  • No harassing or threatening of the protected person
  • Stay a certain distance away from the individual
  • Relinquish temporary child custody to the protected person
  • Do not interfere with minor children

An officer must deliver a copy of the protective order directly to you. The copy gives further instructions as to the hearing date on which you will have a chance to present and defend your case.

Violations of the order

Numerous things constitute a violation of the protective order. If you do not comply with a checked condition, this is a violation. It is also a violation to purchase a firearm or carry a concealed weapon while the order is in place. You may not cross state, tribal or territorial boundaries during this time.

A violation of the order may result in an arrest and a contempt of court conviction, which comes with a fine of up to $1,000, jail time of up to six months or both.

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