Under the DAAA and the PDVA, a TRO can last up to 21 days.1  It can be reissued as deemed necessary by the court if the hearing is continued.2  A continuance must be set within 15 days unless there is good cause for further continuance.3

Although the more general injunction provision in La. C.C.P. art. 3604(C) appears to allow temporary restraining orders to last longer than 21 days, attorneys should not rely on that provision. Where there are conflicting statutes, the more specific governing statute prevails over the more general one; so, the DAAA provisions prevail over those in the general civil injunction statutes.4

• 1La. R.S. 46:1235(B). This limit also applies to TROs issued under the Protection from Dating Violence Act.
• 2La. R.S. 46:2135(E).
• 3Id.
• 4Barber v. Barber, 2015-1021, p. 3 (La. App. 1 Cir. 4/15/16), 2016 WL 1535195.

Different time limits may apply to different portions of a final protective order. For orders issued under either the Domestic Abuse Assistance Act or the Protection from Dating Violence Act, the portion that directs a defendant to refrain from abusing, harassing, or interfering with the victim can last indefinitely.1  Under La. R.S. 46:2136(F)(1), the remaining portions of the order must be for a fixed time not to exceed 18 months. But an order lasting 18 months or fewer may be extended at the judge’s discretion after a contradictory hearing.2

Orders of protection granted for an indefinite period are considered permanent, though a defendant may later move to modify. Modification can happen only after specific notification requirements to protect the victim have been satisfied and after a contradictory hearing.3

As a practical matter, most judges issue orders that fully expire in 12 or 18 months. Although the law does not impose a higher or different legal standard for non-expiring provisions, lawyers should be prepared to argue specific reasons why the prohibition against abuse and harassment should be made indefinite. Supporting reasons could include factors such as 1) the nature, extent, and severity of abuse; 2) a lengthy history of abuse; 3) a demonstrable disregard for consequences, such as protective order violations or multiple arrests; and 4) lethality indicators such as strangulation, stalking, and gun-related threats.

Regardless of the practices of individual judges, clients should always be advised about their right to pursue indefinite/non-expiring orders of protection before consenting to or requesting orders of a fixed duration.

• 1La. R.S. 46:2136(F)(2).
• 2La. R.S. 46:2136(F)(1). For further discussion of extending protective orders, see Section 4.6.2.
• 3La. R.S. 46:2136(F)(2)(c).

Generally, child custody, support, and other ancillary relief provisions expire with the expiration of the Domestic Abuse Assistance Act protective order. Under La. R.S. 46:2136(F)(1), the portions of the protective order that award ancillary relief can last up to 18 months and, presumably, for any additional fixed period that the order is extended by the court. Even if an order’s prohibition against abuse, harassment and interference lasts indefinitely, the ancillary relief cannot.1

On the other hand, if a petitioner pleads for other statutory relief in her petition, the child custody order may last longer.2  For example, a DAAA pleading that specifically requests custody under the PSFVRA could result in a custody determination that lasts longer than the protective order.

Although spousal support will terminate when the order expires, the duration of spousal support awards in protective orders is not limited by the rules governing other temporary spousal support. Spousal support awarded in a Domestic Abuse Assistance Act protective order may last longer than an interim spousal support order in a divorce action and survive a reconciliation defense.3

• 1La. R.S. 46:2136(F)(2)(a).
• 2See Anders v. Anders, 618 So. 2d 452, 455 (La. App. 4 Cir. 1993). In Anders, the trial court had authority to address child support, temporary alimony, and community debts in the protective order hearing where the protective order petition was dismissed but included a petition for divorce in the same pleading. Id.
• 3See McInnis v. McInnis, 38,748 (La. App. 2 Cir. 8/18/04), 880 So. 2d 240, 244, see also Stanley v. Nicosia, 09-191, p. 6 (La. App. 5 Cir. 9/29/09), 19 So. 3d 56.