Housing is one of the most important needs for many survivors and their children. Abusive former partners often punish victims by denying them the financial support necessary to make rent payments, causing them to be evicted, failing to pay the home mortgage, or damaging the home to make it uninhabitable.
Two statutory procedures are available to a spouse or parent who needs to obtain use and occupancy of the family home or apartment: Sections 2135–2136 of the Domestic Abuse Assistance Act and Injunctions and Incidental Orders under La. R.S. 9:374. A petitioner who is not seeking a protective order under the domestic abuse statutes will have to address her housing needs under section 9:374, a general use and occupancy statute that applies to shared residences of divorcing couples.