Generally, child custody, support, and other ancillary relief provisions expire with the expiration of the Domestic Abuse Assistance Act protective order. Under La. R.S. 46:2136(F)(1), the portions of the protective order that award ancillary relief can last up to 18 months and, presumably, for any additional fixed period that the order is extended by the court. Even if an order’s prohibition against abuse, harassment and interference lasts indefinitely, the ancillary relief cannot.1
On the other hand, if a petitioner pleads for other statutory relief in her petition, the child custody order may last longer.2 For example, a DAAA pleading that specifically requests custody under the PSFVRA could result in a custody determination that lasts longer than the protective order.
Although spousal support will terminate when the order expires, the duration of spousal support awards in protective orders is not limited by the rules governing other temporary spousal support. Spousal support awarded in a Domestic Abuse Assistance Act protective order may last longer than an interim spousal support order in a divorce action and survive a reconciliation defense.3
- 1La. R.S. 46:2136(F)(2)(a).
- 2See Anders v. Anders, 618 So. 2d 452, 455 (La. App. 4 Cir. 1993). In Anders, the trial court had authority to address child support, temporary alimony, and community debts in the protective order hearing where the protective order petition was dismissed but included a petition for divorce in the same pleading. Id.
- 3See McInnis v. McInnis, 38,748 (La. App. 2 Cir. 8/18/04), 880 So. 2d 240, 244, see also Stanley v. Nicosia, 09-191, p. 6 (La. App. 5 Cir. 9/29/09), 19 So. 3d 56.