6.1.1 General Principles

Petitioners can seek protective orders under this statute if the parties have a child in common and the petitioner proves family violence. The statute requires the court to include an injunction in favor of the abused party or child in all “family violence cases.”1  The terms of those injunctions are set out by La. R.S. 9:362(4) and include more restrictive provisions on contact than many injunctions entered under either the Protection from Family Violence Act statutes (title 46) or Injunctions Ancillary to Divorce. And violation of these injunctions mandate termination of court-ordered visitation.2

For this reason, attorneys should advise clients about their right to seek a permanent injunction under this Act as part of their divorce or custody judgment.

• 1La. R.S. 9:366.
• 2La. R.S. 9:366(B).