4.5.1 TRO

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.