6.1.3 Duration

A permanent injunction does not expire. However, a pre-divorce injunction may be extinguished if it is not specifically mentioned in the divorce judgment.1    

Petitioners generally do not request a temporary restraining order under the PSFVRA but use the statute to seek a permanent injunction in either a divorce judgment or final custody order. If emergency circumstances require an immediate TRO, most petitioners will seek one under the Domestic Abuse Assistance Act. But even though the Post-Separation Family Violence Relief Act does not explicitly address temporary restraining orders or preliminary injunctions, a PSFVRA TRO would be allowable and governed by the civil injunction rules in the Louisiana Code of Civil Procedure.2  La. C.C.P. art. 3610 expressly waives bond for all TROs and preliminary or permanent injunctions seeking protection from domestic abuse, dating violence, stalking, or sexual assault.

• 1Steele v. Steele, 591 So. 2d 810, 812 (La. App. 3 Cir. 1991). This argument should not apply to PSFVRA cases, but attorneys should be cautious and request an injunction in the divorce if possible.
• 2A plaintiff eligible for relief under La. R.S. 9:361–369 should also be eligible for relief under La. R.S. 46:2131–2143. See La. R.S. 46:2139.