If a divorce is pending, a protective order application under the Domestic Abuse Assistance Act must be filed in the same court and same case as the divorce.1 Sometimes lawyers representing the party who is abusive will try to forum shop or circumvent cases about their client’s prior abuse by filing actions in a new case number. Lawyers should check to see whether it is necessary to make a motion to consolidate and transfer to a previous case number when this happens.
- 1See La. R.S. 46:2134(E).