7.2.3 Interactions with Protective Orders

Injunctions at divorce under either La. R.S. 9:366 or 9:372 are generally considered permanent and often last longer than orders awarded under the protective order statutes.  Although courts may issue protective orders under the DAAA with provisions that can last indefinitely, many judges rarely do so, preferring to issue orders that expire after a fixed period of time. A client who fails to request a permanent injunction at divorce may miss her opportunity for a permanent order.1

In addition, once a DAAA order expires, the child custody relocation statute may apply to victims who do not obtain more permanent orders. Victims of domestic violence are exempt from the notice requirements of relocation only if a protective order is “in effect” when they relocate.2

  • 1For further discussion of this point, see Section 6.1.1.
  • 2La. R.S. 9:355.2(C)(2).

Disclaimer: The articles in the Gillis Long Desk Manual do not contain any legal advice.