5.1.3 Use of PSFVRA

One key consideration when filing for an order of protection is whether to invoke the PSFRVA.1  The PSFVRA provides a variety of protections to victims and their children that are not routinely awarded in protective order cases. For example, if a petitioner meets her burden under the PSFVRA, the court may award a perpetrator of abuse only supervised visitation, except under extremely limited circumstances that can rarely be met.2

On the other hand, a petitioner who invokes the PSFVRA in a protective order proceeding has an additional burden. She must prove not just that a protective order is necessary to end abuse, but also that the defendant has a “history of family violence” as defined under that Act. So, while one act of family violence could be sufficient for issuance of a protective order, it may be insufficient to prove a “history of family violence” under the PSFVRA for sole custody. One act of domestic abuse constitutes a “history of family violence” under the PSFVRA only if it results in serious bodily injury.3

Because a finding on whether the defendant has a “history of perpetrating family violence” may be binding on a permanent custody determination,4  lawyers should consider whether they can be prepared to litigate that issue fully within the short time frame demanded by the protective order statute.

Importantly, at the conclusion of a protective order hearing, if the court finds that the Defendant has committed one or more acts of family violence, or one act of family violence resulting in serious bodily injury, it appears that the court must apply the Post Separation Family Violence Relief Act restrictions to its custody determination. That is true because La. C.C. art. 134(B) now requires the PSFVRA protections be applied to any child custody determination involving a history of family violence, whether pled or not. It is not yet clear how this obligation interacts with the fact that DAAA findings are not res judicata for purposes of future proceedings.5

• 1La. R.S. 9:368.
• 2La. R.S. 9:364.
• 3Id.
• 4For discussion of whether such determinations are binding, see Section 5.1.5.
• 5La. R.S. 46:2134(E).