8.2 The Post-Separation Family Violence Relief Act

The PSFVRA is mandatory in all custody and visitation disputes that involve a “history” of family violence, whether the parents are unwed, married, or divorced.1  Its custody and visitation restrictions apply in all family violence cases whether a party pleads the Act.2  For example, in Durand v. Rose, Louisiana’s Fourth Circuit reversed a trial court order that had awarded the parties joint custody despite a history of family violence. In reversing the trial court, the Fourth Circuit conducted a de novo review of the record, vacated the joint custody order, and awarded the mother sole custody under the PSFVRA on grounds that the trial court did not have discretion under the Act to award joint custody.3

The PSFVRA provisions that do not involve child custody, such as the requirement of injunctions or the prohibition on mediation, are triggered upon a finding of family violence alone, and do not require the petitioner show “a history” of family violence.

• 1See Evans v. Terrell, 27615-CA, p. 5 (La. App. 2 Cir. 12/6/95), 665 So. 2d 648, 651. The PSFVRA applies to family violence cases without regard to the parents’ marital status. See La. R.S. 9:308, 362(1)–(4), 363–364.
• 2La. C.C. art. 134(B). This provision supersedes prior case law holding that the PSFVRA could not be pled for the first time on appeal. The PSFVRA now explicitly applies to any case involving a history of family violence, without regard for whether its provisions were pled. See Durand v. Rose, 2022-0300 (La. App. 4 Cir. 9/15/22), 2022 WL 4244409, writ denied, 2022-01727 (La. 1/18/23), 353 So. 3d 127; see also Melancon v. Russell, 18-48 (La. App. 5 Cir. 10/17/18), 258 So. 3d 955 (PSFVRA relief becomes operable once there is a finding of a history of family violence, regardless of whether specific Act pled).
• 3Durand, 2022-0300, p. 7, 2022 WL 4244409.