Louisiana Domestic Violence Protection Order Template
[// GUIDANCE: Template drafted for use by licensed Louisiana attorneys. Customize all bracketed fields, verify statutory references, and ensure procedural compliance with local court rules and judge-specific practices. This document is not legal advice.]
TABLE OF CONTENTS
- Document Header
- Definitions
- Operative Provisions
- Representations & Judicial Findings
- Covenants & Restrictions
- Default & Remedies
- Risk Allocation (Intentionally Limited)
- Dispute Resolution & Modification
- General Provisions
- Execution Block
1. DOCUMENT HEADER
COURT: [COURT NAME] — [PARISH] PARISH FAMILY COURT, STATE OF LOUISIANA
DOCKET NO.: [_]
TITLE: DOMESTIC VIOLENCE PROTECTION ORDER
PETITIONER: [PETITIONER FULL LEGAL NAME], (“Petitioner”)
RESPONDENT: [RESPONDENT FULL LEGAL NAME], (“Respondent”)
MINOR CHILDREN AFFECTED (if any): [List Full Names & DOBs]
EFFECTIVE DATE: [_]
STATUTORY AUTHORITY: Issued pursuant to La. Rev. Stat. §§ 46:2131 et seq. (Louisiana Domestic Abuse Assistance Act) and applicable provisions of the Louisiana Children’s Code.
RECITALS
A. On [FILING DATE], Petitioner filed a verified petition alleging domestic abuse as defined by Louisiana law.
B. This Court has subject-matter jurisdiction under La. Rev. Stat. § 46:2131 et seq. and personal jurisdiction over Respondent.
C. Good cause having been shown, and the Court being fully advised in the premises, IT IS HEREBY ORDERED as follows.
2. DEFINITIONS
For purposes of this Order, capitalized terms shall have the meanings set forth below:
“Abuse” means physical or sexual abuse, stalking, or any threatened act causing bodily harm, as defined in La. Rev. Stat. § 46:2132.
“Court” means the [COURT NAME] sitting in and for [PARISH] Parish, Louisiana.
“Firearm” includes any handgun, rifle, shotgun, or other device as defined in 18 U.S.C. § 921(a)(3).
“Household Member” and “Family Member” have the meanings assigned in La. Rev. Stat. § 46:2132(4)–(5).
“Protected Persons” collectively means Petitioner and the Minor Children identified above, and any other individual specifically designated in Section 3.1(c).
“Respondent” means the individual identified in the Document Header against whom this Order is entered.
[// GUIDANCE: Add or remove defined terms as needed, ensuring consistency throughout.]
3. OPERATIVE PROVISIONS
3.1 Prohibited Conduct. Respondent is hereby ENJOINED and RESTRAINED from:
(a) Threatening, assaulting, molesting, harassing, following, or otherwise interfering with any Protected Person, directly or indirectly, in person, by telephone, text, social media, electronic means, or through third parties;
(b) Entering, approaching within [DISTANCE: ___ feet] of, or remaining at the residence, place of employment, school, or habitual dwelling of any Protected Person;
(c) Contacting any Protected Person except as expressly permitted for court-ordered visitation or communication through counsel regarding legal matters;
(d) Possessing, purchasing, or attempting to obtain any Firearm or ammunition for the duration of this Order in accordance with 18 U.S.C. § 922(g)(8) and La. Code Crim. Proc. art. 1001.
3.2 Temporary Custody & Visitation (if applicable).
(a) Physical Custody. Sole temporary custody of the Minor Children is awarded to Petitioner.
(b) Supervised Visitation. Respondent shall have supervised visitation only as scheduled in Attachment A and supervised by [SUPERVISING AGENCY/PERSON] at Respondent’s sole expense.
(c) Exchange Protocol. Exchanges shall occur at [LOCATION] with [LAW ENFORCEMENT/OFFICER/THIRD-PARTY] present.
3.3 Support & Expenses. Pending further order, Respondent shall pay temporary child/spousal support in the amount of $[AMOUNT] per [week/month], commencing [DATE], through [LOUISIANA SUPPORT ENFORCEMENT SERVICES/payment portal].
3.4 Counseling & Intervention. Respondent is ordered to enroll in and complete a certified batterer intervention program within [___] days, providing proof of enrollment to the Court and Petitioner’s counsel.
3.5 Surrender of Firearms.
(a) Respondent shall, within 48 hours of service of this Order, surrender all Firearms and ammunition to the [PARISH] Parish Sheriff’s Office (or other designated agency) and file a sworn receipt with the Clerk of Court.
(b) Failure to surrender is punishable under state and federal law.
4. REPRESENTATIONS & JUDICIAL FINDINGS
4.1 Findings of Fact. The Court finds by a preponderance of the evidence that:
(a) Respondent and Petitioner are [spouses / former spouses / co-habitants / parents of a child], thereby qualifying under La. Rev. Stat. § 46:2132;
(b) Respondent committed one or more acts of Abuse against Petitioner on or about [DATE(S)];
(c) Irreparable harm may result to the Protected Persons without issuance of this Order; and
(d) The relief granted herein is the least restrictive means necessary to ensure safety.
4.2 Representations. Petitioner has certified under penalty of perjury that the information in the underlying petition is true and correct to the best of Petitioner’s knowledge.
[// GUIDANCE: Modify Section 4 based on evidentiary record and judge’s oral findings.]
5. COVENANTS & RESTRICTIONS
5.1 Compliance Covenant. Respondent shall strictly comply with all terms herein, the Louisiana Protective Order Registry requirements, and any subsequent orders modifying this decree.
5.2 Notice of Address Change.
(a) Respondent shall notify the Clerk of Court and Petitioner’s counsel in writing within 24 hours of any change of residential address.
(b) Petitioner shall maintain a confidential address through the Address Confidentiality Program where applicable.
5.3 Third-Party Communications. Respondent shall not use third parties to circumvent any prohibition under Section 3.1.
6. DEFAULT & REMEDIES
6.1 Events of Default. Any violation of Section 3 or Section 5 constitutes an Event of Default and subjects Respondent to:
(a) Immediate arrest pursuant to La. Rev. Stat. § 14:79;
(b) Prosecution for criminal contempt of court;
(c) Civil penalties and attorney’s fees as provided by La. Rev. Stat. § 46:2136.1.
6.2 Graduated Remedies.
(a) First Violation: Mandatory arrest; potential incarceration up to six months and/or fine up to $500.
(b) Second/Subsequent Violation: Enhanced penalties as prescribed by statute, including possible felony charges.
(c) Civil Contempt: Daily coercive fines until full compliance.
6.3 Attorney Fees & Costs. Upon proof of Respondent’s violation, Respondent shall pay Petitioner’s reasonable attorney’s fees, court costs, and all expenses incurred in enforcement.
7. RISK ALLOCATION
[INTENTIONALLY LIMITED: Indemnification and liability limitation provisions are generally inapplicable to court-issued protective orders. This section reserved to note that the Court retains inherent authority to allocate costs and fees as justice requires.]
8. DISPUTE RESOLUTION & MODIFICATION
8.1 Governing Law. This Order shall be governed by and construed under the laws of the State of Louisiana.
8.2 Jurisdiction & Venue. Exclusive jurisdiction for enforcement or modification lies with [COURT NAME], or any court of competent jurisdiction in [PARISH] Parish, Louisiana.
8.3 Modification. Either party may move to modify or dissolve this Order pursuant to La. Rev. Stat. § 46:2135(B), upon at least five (5) days’ written notice to the opposing party and subject to a hearing.
8.4 Duration. Unless extended, this Order shall remain in full force and effect until [EXPIRATION DATE, up to 18 months], provided that Section 3.1(d) (Firearm prohibition) shall continue as required by federal law.
8.5 No Jury Trial. Matters arising under this Order are within the exclusive equitable jurisdiction of the Court; jury trial is unavailable.
9. GENERAL PROVISIONS
9.1 Service. The Clerk shall forward certified copies of this Order to the [PARISH] Parish Sheriff for personal service upon Respondent and entry into the Louisiana Protective Order Registry.
9.2 Severability. If any provision of this Order is held unenforceable, the remaining provisions shall remain in full force and effect.
9.3 Integration. This Order supersedes any prior temporary restraining order between the parties concerning domestic abuse.
9.4 Waiver. No waiver of any provision shall be effective unless in writing and signed by the Court; any waiver shall be limited to its express terms.
9.5 Counterparts & Electronic Signatures. This Order may be executed in counterparts, including counterparts transmitted electronically or by facsimile, each of which shall be deemed an original.
[// GUIDANCE: Confirm clerk procedures for electronic signatures in your parish.]
10. EXECUTION BLOCK
ENTERED this ___ day of ____, 20__ at [TIME] ☐ a.m. ☐ p.m.
[JUDGE NAME], Judge
[COURT NAME] – [PARISH] Parish, Louisiana
Prepared By:
[ATTORNEY NAME] (La. Bar No. ______)
Counsel for Petitioner
[LAW FIRM NAME]
[ADDRESS] • [PHONE] • [EMAIL]
Approved As To Form:
______ Date: _
[RESPONDENT’S ATTORNEY NAME]
Counsel for Respondent
NOTARY ACKNOWLEDGMENT (if required for filing):
State of Louisiana, Parish of _
Subscribed and sworn before me on _, 20__, by the Honorable [JUDGE NAME].
Notary Public, Notary ID No. _
My Commission Expires: _
[// GUIDANCE:
1. File electronically or in person in compliance with local rules.
2. Promptly deliver certified copies to all required law-enforcement agencies.
3. Calendar expiration and review dates to avoid inadvertent lapse.
4. Verify Respondent’s firearm surrender receipt before closing the file.]