Domestic Violence Post Separation
Louisiana has many laws set in place to protect a spouse and children from domestic violence. Simply put, if you are a victim of Domestic Violence Post Separation you could be entitled to a TRO. Additionally, you may also be eligible for a protective Order, custody and various other things listed below. In short, Here is what a Domestic Violence Post Separation Attorney can help you with:
Temporary Restraining Order (TRO):
First: prohibit abuse, harassment, stalking, monitoring, contacting or interfering with protected person(s)
Second: prohibit going near person, residence or employment of protected person(s)
Third: award use or return of certain specific property/pets
Fourth: Evict defendant and therefore award use of residence to petitioner. Unless, solely owned by defendant. Or, solely leased by defendant with no duty to support petitioner or person on whose behalf petition is brought)
Fifth: Barring both parties from giving away, selling or destroying property mutually owned or leased
Sixth: Award temporary custody of children
Seventh: allows the parties to return once with law enforcement escort to retrieve personal belongings
Lastly, If the TRO is issued the court may task the defendant to pay the court costs and attorney fees
Timing of TRO:
Once you get a judge’s signature, the hearing will be set within 21 days. Additionally, if the hearing is continued, the protective order can be reissued. Keep in mind, continuance shall not exceed 15 days. Unless, good cause is shown for further continuance. So, If the court does not grant the TRO then a hearing for the request on the PO shall be scheduled within 10 days from service of the petition. Furthermore, If a hearing officer presides at the PO hearing, it cannot be modified. Also, the TRO may remain in effect for up to 15 days following the hearing or until the judge signs the PO, whichever occurs last.
Protective Order (PO):
relief as listed above
award temporary child support
establish temporary visitation
order counseling, court-monitored domestic violence intervention, or medical evaluation/treatment
defendant required to pay court costs, other fees (see R.S. 46:2136.1)
firearms restrictions (see LPOR Firearms Prohibition Guide)
Duration of Protective Order:
First, certain orders which direct the defendant to refrain from abusing, harassing, or interfering with the person protected (Paragraphs 1-5). Second, protective orders are issued for an indefinite period of time. So, it is up to the trial judge’s discretion whether to issue a 6 month, 12 month or 18 month Protective Order. After further hearings, a victim can get a protective order issued for life. In conclusion, remember every case is different; therefore, the facts proven in court
Penalties:
Civil:
held in contempt
parish jail up to 6 months, and/or
fine up to $500
Criminal: arrest pursuant to R.S. 14:79 (on TRO, after served to defendant; on PO, after issued)
The Weiser Law Firm has an experienced Domestic Violence Post Separation Attorney. Therefore, we can explain how to help you through this situation. In addition, you may even recover attorney fees back after the court hearing. So, call us today with any Domestic Violence Post Separation or Pre-Separation issue at 504-358-2273.
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