Filing fees may not be charged for civil protective order petitions or the issuance of a protective order.1  These rules obviate the need for protective order petitioners to seek in forma pauperis status. The petition, orders, and process are free for them. In addition, a court may not refuse to allow the filing of a protective order suit because of “unpaid” costs from a prior proceeding.2

• 1La. R.S. 46:2134(F); La. C.C.P. art. 3603.1.
• 2See Hawkins v. Jennings, 1997-1291, pp. 7–8 (La. App. 3 Cir. 3/6/98), 709 So. 2d 292, 295; Rochon v. Roemer, 93-CP-2444 (La. 1/7/94), 630 So. 2d 247, 248.

All court costs and attorney fees must be paid by the abusive party, and a court may not cast a petitioner with court costs unless it determines that the petition was frivolous.1  A petition is not frivolous just because a petitioner failed to meet her burden or prove her case and was denied an order of protection.

In order to cast costs against a petitioner, the petition must be dismissed and the protective order denied, and the court must then make an explicit finding that the petition is frivolous.2  A finding of frivolousness must be based upon testimony or evidence presented during a separate hearing on the issue of frivolousness.3  Even a petitioner who files a frivolous action need not necessarily be cast with costs.4

• 1La. R.S. 46:2136.1(A)–(B) (updated in 2022 to include that a petitioner cannot be cast with costs for failing to appear for PO hearing); see Lassair ex rel. T.P.J. v. Paul, 2022-0320 (La. App. 4 Cir. 12/14/20), 2022 WL 17813208.
• 2Vallius v. Vallius, 2010-CA-0807, p. 6 (La. App. 4 Cir. 12/8/10), 53 So. 3d 655, 658; see also Jimenez v. Jimenez, 05-CA-645, p. 4 (La. App. 5 Cir. 1/31/06), 922 So. 2d 672, 674 (reversing trial court order that cast costs to petitioner decided before frivolous provision); Lassair, 2022-0320, 2022 WL 17813208, at *10 (finding that “there must be a finding of frivolousness prior to casting costs against the petitioner; there must be evidence to support that the petition was frivolous to assess costs; and the failure to meet the burden of proof to show a protective order is warranted does not equate with a finding of frivolity”).
• 3See La. C.C.P. art. 863(F); State v. Joseph, 22-65 (La. App. 5 Cir. 12/21/22), 2022 WL 17826647, at *4.
• 4La. R.S. 46:2136.1(B).

Under the Domestic Abuse Assistance Act, the abusive party shall be made to pay all court costs, attorney fees, and other costs related to the litigation, including, but not limited to, costs for evaluations, expert witnesses, enforcement or modification proceedings, and costs for medical or psychological care of an abused party or child of the abused party (if the care is necessitated by the abuse).1  An abuser may even be required to pay costs and attorney fees if the victim is the non-prevailing party on some aspects of the litigation.2  Moreover, attorney fees should be awarded even when not specifically pled.3

• 1La. R.S. 46:2136.1(A).
• 2Cf. Jarrell v. Jarrell, 35,837, p. 6 (La. App. 2 Cir 2/27/02), 811 So. 2d 207, 210 (interpreting a similar provision of the Post-Separation Family Violence Relief Act); Barak v. Saacks, 2021-0756 (La. App. 4 Cir. 10/12/22), 2022 WL 6944282, at *14, writ denied, 2022-01734 (La. 1/11/23) (citing Jarrell).
• 3Dean v. Burkeen, 2022-563 (La. App. 3 Cir. 3/8/23), 2023 WL 2394754, *14 (affirming trial court’s award of attorney fees under the parallel provision of the Post-Separation Family Violence Relief Act, despite petitioner not having pled for them).

La. R.S. 15:587.8 allows a petitioner, or her lawyer, to request the state criminal history records of a defendant or a witness involved in a civil domestic violence, sexual assault, or human trafficking proceeding. The civil proceedings include Petitions for Protection from Abuse pursuant to the DAAA, PVSAA, and the PSFVRA. The law requires that the petitioner, or the attorney for the victim, submit a written request to the sheriff for the parish in which the petition is filed. The requesting party must include identifying information for the defendant, the petition number, and the court in which the case is pending. Attorneys must also include their Louisiana State Bar Roll Number. The attorney or petitioner is responsible for the criminal history check’s costs. This cost can be a barrier to some clients.