3.1 Statutory Provisions

Louisiana has multiple civil statutes under which a person may seek relief from domestic abuse by petitioning a court for a protective order or injunction:

  • Protection from Family Violence Act, Part II, La. R.S. 46:2131–2143 (the Domestic Abuse Assistance Act), and La. R.S. 46:2151, the Protection from Dating Violence Act, which applies the remedies of the Domestic Abuse Assistance Act to certain dating relationships.
  • Protection from Stalking Act, La. R.S. 46:2171-2174.
  • Protection for Victims of Sexual Assault Act, La. R.S. 46:2181-2188.
  • Post-Separation Family Violence Relief Act, La. R.S. 9:361–369.
  • Injunction against Abuse Ancillary to Divorce, La. R.S. 9:372–372.1.
  • Preliminary Injunction and Temporary Restraining Order, La. C.C.P. art. 3601–3612.
  • Children’s Code, Chapter 8, La. Ch.C. art. 1564–1575.
  • Civil Code Ancillaries, Part V, La. R.S. 9:575, protecting adult parents or grandparents from abuse by adult children or grandchildren.

Most petitioners seeking a protective order in Louisiana do so under the Domestic Abuse Assistance Act. The Domestic Abuse Assistance Act authorizes broad relief to petitioners in need of protection from abuse, including temporary restraining orders and protective orders that award relief such as temporary custody, temporary housing, temporary use of vehicles, and temporary financial support. Permanent or indefinite injunctions against abuse and harassment (not including the ancillary relief described above) are available under the Domestic Abuse Assistance Act, the Post-Separation Family Violence Relief Act1  or by request for an Injunction Ancillary to Divorce.2

  • 1La. R.S. 9:361–69.
  • 2La. R.S. 9:372.

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