4.6.1 Extending a TRO

Louisiana law requires the continued protection of victims during emergencies when courts close for reasons such as hurricanes or the COVID-19 pandemic and extends TROs by operation of law. Under La. C.C.P. Art 3604(c)(2), “in the event that the hearing on the rule for the protective order is continued by the court because of a declared state of emergency made in accordance with R.S. 29:724, any temporary restraining order issued in the matter shall remain in force for five days after the date of conclusion of the state of emergency.” The law further requires that pending protective order hearings be reset first upon the court’s re-opening—within 5 days of the emergency’s conclusion. In other words, protective orders take precedence over all other matters after the emergency ends.

Even though orders that would otherwise expire during court closures are now extended by operation of law, their enforceability can still be confusing to victims, defendants, and police. The LPOR addressed this issue by adding a “Notice to Law Enforcement,” which explains the order’s extension in the event of a state of emergency. But many police are trained to look at the original expiration date and overlook the provision regarding its extension. For example, in some instances during the pandemic, law enforcement allowed abusive spouses back into marital homes under the false belief that the victim’s TRO had expired. Be sure to advise clients about the section of the TRO form that contains the “Notice to Law Enforcement” and explain the order’s continued enforceability during a declared state of emergency. Most officers, once directed to the extension provision, will enforce an order accordingly.