A restraining order—also known as a protective order, a stay away order of protection, or an order of protection—is an order from the court requiring spouses in the divorce process (or other intimate partners) not to come within a specified distance of the other spouse, not to harass the other spouse, and not to contact the other spouse by phone, e-mail, text, or otherwise. A protective order may also order the spouse against whom it is issued not to carry a firearm—even if the spouse is licensed to do so.
Under some circumstances a court may issue an ex parte (pronounced x-par-tay) temporary protective order that is in effect for a certain number of days. An ex parte protective order is issued in an emergency situation without notice to the other spouse and an opportunity for the other spouse (and the spouse’s lawyer) to respond to the application for a protective order. When the spouse or intimate partner is served with the ex parte temporary protective order it will include notice of the hearing date on which the court will consider the application for the more permanent or full order of protection.
Laws regarding protective orders and the circumstances under which they may be issued vary from state to state but are generally based on proof of family or dating violence, domestic abuse, stalking, harassment, sexual abuse, or sexual assault. These laws are usually located in a state’s statutes—often in the family code or domestic relations code.
In Louisiana (LA), a restraining order, also known as a protective order, is a legal directive issued by a court to protect individuals from abuse or harassment during the divorce process or within other intimate relationships. These orders can mandate that one spouse or partner keep a certain distance from the other, refrain from communication, and not possess firearms, even if they are otherwise licensed to carry them. Louisiana allows for the issuance of ex parte temporary protective orders in emergency situations, which are granted without prior notice to the other party and are effective for a specified period. The served party is notified of a subsequent hearing where a more permanent order may be considered. The issuance of protective orders in Louisiana typically requires evidence of domestic abuse, family violence, stalking, harassment, sexual abuse, or sexual assault. The relevant laws can be found in the state's statutes, often within the family code or domestic relations code. An attorney can provide specific guidance and representation in obtaining or responding to a protective order in Louisiana.