4.5.2 Protective Order

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).