6.1.4 Penalties for Violation

One of the most important and overlooked provisions in the PSFVRA is that any violation of the injunction “shall result in a termination of all court ordered child visitation.”1  This strong enforcement provision is available to petitioners exclusively under this Act.

More generally, violation of a PSFVRA injunction can be punished through contempt in civil court or criminal prosecution under La. R.S. 14:79. Contempt is punishable by up to six months in jail and a fine of up to $500.2  The defendant may be arrested and criminally prosecuted for violation of the TRO after service or violation of the preliminary or permanent injunction after issuance.3

• 1La. R.S. 9:366(B). However, many trial judges will refuse to apply this law to terminate visitation.
• 2La. R.S. 13:4611(b).
• 3La. R.S. 14:79. For further discussion of contempt proceedings and double jeopardy, see Section 4.7.1.