La. R.S. 46:2135–2136 authorize the court to award “temporary” custody at the protective order hearing. The “temporary” custody award in a section 2136 protective order may last only for the duration of the protective order or until modified (whichever occurs first). However, if the petition stated another basis for relief, such as the PSFVRA, the child custody order may potentially last longer.1 Arguably, a protective order pleading that requests relief under the Post-Separation Family Violence Relief Act is not subject to the time limits of the DAAA and could result in a custody order that lasts longer than the protective order. The argument in support of this position is that once the court has adjudicated and found a history of family violence, the perpetrator of abuse cannot thereafter exercise custody or jurisdiction that is not in compliance with the PSFVRA.
- 1See Anders v. Anders, 618 So. 2d 452, 454–55 (La. App. 4 Cir. 1993) (holding that when denying a protective order the court still had authority to grant relief under the divorce statutes also pled in same pleading).