Either party may move to modify a prior protective order’s substance or duration. But the court may modify an order only after notice to the other party and after a contradictory hearing. Additionally, the statute significantly limits the scope of modifications as follows:
- Substance. A substantive modification may only do two things: (1) exclude any item included in the prior order; and (2) include any item that could have been included in the prior order.1 These limitations preclude an abuser from using the modification process to seek relief he could not have been awarded as a defendant in the original action, e.g., making requests for child custody or a mutual injunction.
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Duration. The court may modify the indefinite effective period of an order after notice and a hearing.2 A defendant’s motion to modify the effective period of an order is subject to strict notice requirements set forth in La. R.S. 46:2136(F)(2)(c).