Jefferson Parish Restraining Order & Protective Order Lawyer

How Do I Get a Restraining Order in Louisiana?

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Under Louisiana law, a court may issue a temporary restraining order when good cause is shown and protection from abuse is necessary. An immediate and present danger of abuse can constitute good cause, and the court may consider previous abuse or threats when determining whether a TRO should be issued.

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A temporary restraining order may prohibit a person from:

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• Abusing, threatening, or harassing the petitioner

• Contacting or interfering with the petitioner

• Going near the petitioner's home or workplace

• Contacting or going near minor children

• Engaging in other conduct prohibited by the court

Depending on the circumstances, the court may also address temporary possession of property and other immediate issues.

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Temporary Restraining Order Hearings in Louisiana

 

A temporary restraining order, or TRO, is generally an initial order entered before a full protective order hearing.Under Louisiana's current Domestic Abuse Assistance Act, when a TRO is issued without notice, the court sets a hearing within 21 days to determine whether a protective order should be issued. At that hearing, the person requesting the protective order must prove the allegations of abuse by a preponderance of the evidence.Because protective order hearings can happen quickly, it is important to begin preparing your case as soon as possible.

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What Can a Protective Order Do?

A Louisiana protective order can contain significant restrictions and may affect more than communication between the parties.

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Depending on the circumstances, a protective order may address:

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• Contact between the parties

• Harassment, threats, or abuse

• Who may remain in or return to the family home

• Temporary child custody

• Visitation and conditions on visitation

• Temporary child or spousal support

• Use or possession of certain property

• Counseling or other court-ordered conditions

Louisiana law specifically allows courts to address temporary custody, visitation, support, housing, and other forms of relief in appropriate protective order proceedings.

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Protective Orders and Child Custody

When parents share children, a protective order case can also become a significant child custody issue.

A judge may be asked to decide where the children will temporarily live, whether visitation will occur, whether visitation should be supervised, and whether additional restrictions are necessary.

If you already have a custody order or an ongoing divorce or custody case, it is important to consider how the protective order proceeding could affect your existing family law matter.

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What Evidence Do I Need for a Protective Order?

Evidence can play an important role in a Louisiana restraining order or protective order hearing.

Depending on the facts of your case, helpful evidence may include:

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• Text messages

• Emails

• Photographs

• Videos

• Voicemails

• Police reports

• Medical records

• Witness testimony

• Evidence of threats

• Evidence of property damage

• Prior incidents involving the parties

• Existing divorce or custody orders

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Louisiana law permits courts to consider prior history of abuse or threats when evaluating the need for protection, and current law also permits a court to obtain and consider past criminal history in certain TRO proceedings. An attorney can help you determine which evidence may be relevant and how to properly prepare it for court.

 

Were You Served With a Restraining Order?

If you were served with a temporary restraining order or protective order petition in Louisiana, do not ignore it. Being served with a TRO does not mean that a final protective order has already been granted after a full hearing. However, the temporary order remains important, and you should carefully follow every restriction contained in it.The upcoming hearing gives you an opportunity to respond to the allegations and present evidence to the court.

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A restraining order defense lawyer can help you:

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• Review the allegations against you

• Understand the restrictions in the TRO

• Identify relevant evidence and witnesses

• Prepare your testimony

• Challenge inaccurate or unsupported allegations

• Address custody and visitation concerns

• Represent you at the protective order hearing

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Protective order proceedings can also affect related divorce and custody cases, making it particularly important to understand the potential long-term consequences before appearing in court.

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Do I Need a Lawyer for a Protective Order Hearing?

You are not required to handle a protective order case alone.A protective order hearing involves testimony, evidence, and legal arguments before a judge. The outcome may affect your safety, children, housing, contact with another person, and future family court proceedings. Working with an experienced Louisiana protective order lawyer can help you understand what to expect and ensure that your position is clearly presented to the court.

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How Moisant Law Firm Can Help

Moisant Law Firm focuses on family law matters throughout the Greater New Orleans area. We understand that protective order cases frequently overlap with divorce, child custody, visitation, and other family law proceedings.

Our attorneys can assist with:

• Filing for a Louisiana protective order

• Seeking a temporary restraining order

• Responding to a protective order petition

• Defending against a restraining order

• Preparing for a protective order hearing

• Reviewing texts, photographs, recordings, and other evidence

• Preparing witnesses for court

• Addressing temporary child custody and visitation

• Coordinating a protective order case with an existing divorce or custody proceeding

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Protective Order Lawyer Serving Jefferson Parish, New Orleans & Surrounding Parishes

If you need a restraining order lawyer or protective order attorney in Jefferson Parish or New Orleans, Moisant Law Firm is here to help. Our family law attorneys represent clients seeking and responding to protective orders and temporary restraining orders throughout Metairie, Gretna, Kenner, Jefferson Parish, New Orleans, Orleans Parish, and surrounding Louisiana parishes.

 

Contact Moisant Law Firm at 504-317-1685 or CLICK HERE to schedule a consultation with a Louisiana family law attorney.

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This information is provided for general informational purposes only and does not constitute legal advice. Every case is different. Contact an attorney regarding your specific circumstances.

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