2006 Louisiana Laws - RS 46:2136 — Protective orders; content; modification; service

§2136.  Protective orders; content; modification; service

A.  The court may grant any protective order or approve any consent agreement to bring about a cessation of abuse of a party, any minor children, or any person alleged to be incompetent, which relief may include but is not limited to:

(1)  Granting the relief enumerated in R.S. 46:2135.

(2)  Where there is a duty to support a party, any minor children, or any person alleged to be incompetent living in the residence or household, ordering payment of temporary support or provision of suitable housing for them, or granting possession to the petitioner of the residence or household to the exclusion of the defendant, by evicting the defendant or restoring possession to the petitioner where the residence is solely owned by the defendant and the petitioner has been awarded the temporary custody of the minor children born of the parties.

(3)  Awarding temporary custody of or establishing temporary visitation rights and conditions with regard to any minor children or person alleged to be incompetent.

(4)  Ordering counseling or professional medical treatment for the defendant or the abused person, or both.

B.  A protective order may be rendered pursuant to this Part if the court has jurisdiction over the parties and subject matter and either of the following occurs:

(1)  The parties enter into a consent agreement.

(2)  Reasonable notice and opportunity to be heard is given to the person against whom the order is sought sufficient to protect that person's right to due process.

C.  Any protective order issued within this state or outside this state that is consistent with Subsection B of this Section shall be accorded full faith and credit by the courts of this state and enforced as if it were the order of the enforcing court.

D.  On the motion of any party, the court, after notice to the other parties and a hearing, may modify a prior order to exclude any item included in the prior order, or to include any item that could have been included in the prior order.

E.  A protective order made under this Part shall be served on the person to whom the order applies in open court at the close of the hearing, or in the same manner as a writ of injunction.  The clerk of the issuing court shall send a copy of the Uniform Abuse Prevention Order, R.S. 46:2136.2(C), or any modification thereof to the chief law enforcement official of the parish where the person or persons protected by the order reside.  A copy of the Uniform Abuse Prevention Order shall be retained on file in the office of the chief law enforcement officer as provided herein until otherwise directed by the court.

F.  Any final protective order or approved consent agreement shall be for a fixed period of time, not to exceed eighteen months, and may be extended by the court, after a contradictory hearing, in its discretion.  Such protective order or extension thereof shall be subject to a devolutive appeal only.

G.  Immediately upon granting a protective order or approving any consent agreement, the judge shall cause to have prepared a Uniform Abuse Prevention Order, as provided in R.S. 46:2136.2(C), shall sign such order, and shall forward it to the clerk of court for filing, all without delay.

H.  The clerk of the issuing court shall transmit the Uniform Abuse Prevention Order to the Louisiana Protective Order Registry, R.S. 46:2136.2(A), by facsimile transmission, mail, or direct electronic input, where available, as expeditiously as possible, but no later than the end of the next business day after the order is filed with the clerk of court.

Added by Acts 1982, No. 782, §2; Acts 1994, 3rd Ex. Sess., No. 22, §2; Acts 1997, No. 1156, §7; Acts 1999, No. 1200, §2; Acts 2003, No. 750, §6.