Under the DAAA, a domestic abuse protective order or TRO may grant the petitioner possession of the residence or household to the exclusion of the defendant by evicting him or restoring possession to the petitioner. This relief is available in any of three circumstances: (1) the residence is jointly owned in equal proportion or leased by the defendant and the petitioner or the person on whose behalf the petition is brought; (2) the residence is solely owned by the petitioner or the person on whose behalf the petition is brought; or (3) the residence is solely leased by the defendant, and the defendant has a duty to support the plaintiff or the person on whose behalf the petition is brought.1 This relief can be obtained in a TRO without a contradictory hearing and can be continued by protective order for up to eighteen months.
In addition, a protective order issued under La. R.S. 46:2136 may grant the petitioner possession of, and evict a defendant from, a residence that is solely owned by the defendant, where the petitioner has been awarded temporary custody of the parties’ minor children or may order the provision of suitable alternative housing.2