4.10.3 Service

4.10.3 Service aetrahan Fri, 08/25/2023 - 11:23

The court should serve the protective order on the defendant at the close of the hearing. The petitioner should not leave the courthouse before being given certified copies of her protective order. The survivor should have three to four copies so that she can keep one at home, one on her person, one at work, and one for school officials if children are involved. Clerks of court must immediately file, process, and issue temporary restraining or protective orders without any charge.1  Furthermore, the law does not allow the court to withhold judgments or certified copies thereof from in forma pauperis litigants.2  If the defendant is not present for the hearing, or if he leaves before receiving a copy, the protective order is still enforceable because the defendant had notice of the hearing and an opportunity to be heard.

  • 1La. R.S. 46:2134(F); La. C.C.P. art. 3603.1(C).
  • 2Carline v. Carline, 93 CA 1505, p. 5 (La. App. 1 Cir. 10/7/94), 644 So. 2d 835, 837.