What steps are necessary to obtain a restraining order agains a significant other who is abusive? What proof is needed in order to obtain this protection?
This order can be called: restraining order, protective order, injunction, or stay away order. The purpose is to protect victims of domestic violence, which assist them to escape their violent relationships. A protection order is, in many instances, the first official legal intervention. This is issued by a court to keep the abuser away for a specified amount of time. The Louisiana Protective Order Registry (LPOR) was set up by the Supreme Court of Louisiana to assist in preventing harassment, threats, or domestic violence against an intimate partner or family member. The LPOR is a database of court orders, including: TRO's, Long-term Protective orders, Permanent and Preliminary Injunctions, court approved consent agreements, and criminal stay away orders such as peach bonds, bail restrictions, sentencing orders, or probation conditions.
Step 1 -> The victim must fill out necessary forms to begin the process. Access to these forms can be found at the clerk of court. &nbps;You can download the forms via Internet at LA Download Court Forms page. One of the requirements is that you briefly describe the most recent incident of violence while employing descriptive words such as; choking, hitting, slapping, etc. that will fit your circumstances. For assistance in filling out these forms, you can go to LA Links & Resources page. Remember not to endorse the application until you have shown it to a clerk. There may be a requirement of notarization or the endorsement to be in the presence of court personnel.
Step 2 -> If necessary, request a temporary restraining order. If instant protection is needed, you can request an ex parte Temporary Restraining Order (TRO). This form will require an affidavit signed by the victim stating that what was described in the forms are correct and factual.
Step 3 -> You must bring your forms to your parish courthouse, including your identification and any helpful information about the abuser and the abuse (such as pictures, etc.). During business hours, one must file the forms at the clerk of court office. To find contact information for the courthouse in your area, you can click on LA Courthouse Locations & Info.
Step 4 -> A judge will review your petition and may ask questions. He/she ultimately decides whether or not to give you a TRO, and if you are trying for a long-term Protective Order, the judge will set a date for a full- court hearing. If you are given the temporary protection, the judge will give you a Uniform Abuse Prevention Order which requires you to maintain a copy at all times.
Step 5 -> The service of process is when the clerk gives a copy of the petition and the TRO to the sheriff's office in order to serve your abuser. Your protective order will not be valid until it is given to your abuser. DO NOT try to serve the abuser in person with the papers.
Step 6 -> The full court hearing. You MUST attend and if you do not, your emergency order will expire and you will have to start the process over. If you do not show up it may be harder to be granted an order in the future. If the abuser does not show up, the judge may grant you the long-term Restraining order or set a new date. You can represent yourself or acquire a lawyer.
There are several ways to prove that an abuser has committed acts of domestic abuse (as defined by law) against you or your children. Such evidence that will help you prove your case include: medical reports, police reports, pictures of your injuries-best if dated, household objects torn or broken by them, pictures of your household in disarray after an episode of the violence, weapons used, tapes of calls you may have made to 911, certified copies of the abuser's criminal record, and anything else perceived as valuable to help support your case.
Generally speaking, the great the evidence provided, the greater the chances of being granted a protection order. However, if you do not have any physical evidence or witnesses, the judge will still listen to your account.
**For further information on this matter, go to http://www.womenslaw.org/LA/LA_how_to.htm
Getting Help:
If you are concerned about someone that is presenting these symptoms or behaviors, one should be aware that there are many facilities and a variety of counselors to help individuals deal with depression. If you are a University of Louisiana at Lafayette student and are concerned and would like to speak to a counselor, please contact the Counseling and Testing center at 482-6480 for more information. The center offers unlimited confidential sessions free of charge to all students and university faculty/staff members.
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P.O. Box 44010
Lafayette, LA 70504
Olivier Hall, Room 212
Phone: 337/482-6480
Fax: 337/482-1267
E-mail: counseling@louisiana.edu