6.3 Civil Injunction

6.3 Civil Injunction aetrahan Fri, 08/25/2023 - 14:54

6.3.1 General Principles

6.3.1 General Principles aetrahan Fri, 08/25/2023 - 14:55

Injunctions under La. C.C.P. art. 3601 are available to any party seeking protection from abuse. There does not appear to be a benefit of filing for relief under this code provision, which lacks the more comprehensive remedies available under the DAAA and the PSFVRA. In the past, Article 3601 was the only relief available to adult victims who were being harassed or stalked by someone with whom they were never romantically involved. Those cases now fall under the Protection from Stalking Act.1  Under Article 3601, the petitioner must show a likelihood of irreparable injury, and bond is waived for any injunction seeking protection from stalking, domestic abuse, dating violence, or sexual assault.2

  • 1La. R.S. 9:371–374.
  • 2La. C.C.P. arts. 3603(A)(1), 3610.

6.3.2 Duration

6.3.2 Duration aetrahan Fri, 08/25/2023 - 14:55

A temporary restraining order, if issued against a party other than a spouse, can last for no longer than 10 days, but may be extended in 10-day intervals.1  The temporary restraining order, if issued against a spouse in a divorce suit to prohibit harm, lasts until the preliminary injunction hearing.2  The preliminary injunction lasts until the trial on the permanent injunction. A permanent injunction against abuse does not expire. It is for life unless modified.

  • 1La. C.C.P. arts. 3603(A)(1), 3610.
  • 2La. C.C.P. art. 3604(B).

6.3.4 Penalties for Violation

6.3.4 Penalties for Violation aetrahan Fri, 08/25/2023 - 14:56

Penalties for violation of an Article 3601 injunction include contempt. Contempt is punishable by up to six months in jail and a fine up to $1,000.1  The defendant may be arrested and criminally prosecuted under La. R.S. 14:79 for violation of the TRO after being served or violation of the preliminary or permanent injunction after it is issued.

  • 1La. R.S. 13:4611(b).