Protective Order Violations Defense

Court orders of protection have specific names that are frequently used interchangeably, but have separate and distinct elements. The four kinds of court orders of protection include:

• Temporary Restraining Orders (TROs) - More commonly known as ex parte orders, TROs are issued in response to petitions for protection and before hearings by the court. They usually expire on the date of a hearing.
• Protective Orders (POs) - A protective order is an order granted, after a court hearing under the Louisiana Domestic Abuse Assistance Act, Protection from Stalking Act, Protection for Victims of Sexual Assault Act, Protection from Dating Violence Act, or Children's Code Domestic Abuse Assistance Act
• Injunctions Against Abuse - Orders issued after hearings under the Code of Civil Procedure Articles, Post-Separation Family Violence Relief Act, or in conjunction with a divorce proceeding. Preliminary Injunctions are court orders issued after court hearings while Permanent Injunctions are court orders issued after a trial.
• Criminal Orders of Protection - Criminal courts can issue an abuse prevention orders in conjunction with criminal charges brought before the court. Criminal orders of protection will be sent to LPOR when they involve a relationship (domestic or dating) between the parties or stalking or sexual assault by a stranger or acquaintance of the victim.

Louisiana Revised Statute § 14:79 establishes that violation of protective orders is the willful disobedience of:

• An ex parte protective order or temporary restraining order issued under the Post Separation Family Violence Relief Act, spousal injunction prohibiting abuse, Domestic Abuse Assistance Act, Protection from Dating Violence Act, Protection from Stalking Act, bail restrictions and conditions of release, Domestic Abuse Assistance Act, or temporary restraining orders prohibiting domestic abuse, dating violence and stalking when an alleged offender has been served.
• A preliminary or permanent injunction, or a protective order issued according to the Post Separation Family Violence Relief Act, spousal injunction prohibiting abuse, Domestic Abuse Assistance Act, Protection from Dating Violence Act, Protection for Victims of Sexual Assault Act, Protection from Stalking Act, , Domestic Abuse Assistance Act, injunctions prohibiting domestic abuse, dating violence and stalking, or conditions of release, probation, sentence after a contradictory court hearing.
• Order of protection from abuse issued by a foreign state.
• An order issued by any municipal court judge, magistrate judge, commissioner, or justice of the peace that an alleged offender stay away from a specific person as a condition of their release on bond. This can be at the federal, state, parish, municipal, or city level.
• Order issued by any municipal court judge, magistrate judge, commissioner, or justice of the peace that an alleged offender convicted of a violation of any federal, state, parish, municipal, or city criminal offense stay away from a specific person as a condition of their release on probation.
• A condition of a parole release which requires that the alleged offender stay away from any specific person.
• An order issued according to Louisiana Revised Statute § 46:1846 (prohibited communication between offender and victim).
• Possession of a firearm or carrying of a concealed weapon.
• Purchase or attempted purchase of a firearm or carrying of a concealed weapon.

Louisiana requires law enforcement to use every reasonable means to enforce the orders and injunctions listed above.

The first violation of a protective order conviction that does not involve a battery or crime of violence to the person protected by the order is punishable by a fine of up to $500 or up to six months imprisonment, or both.

A second or subsequent conviction that does not involve a battery or crime of violence against the person protected by the order is punishable by a fine of up to $1,000 and a minimum of 14 days up to two years imprisonment, at least 14 days of which must be without benefit of probation, parole, or suspension of sentence. A portion of the sentence imposed with benefit of probation, parole, or suspension of sentence must require participation in a court-monitored domestic abuse intervention program.

When violation of court order involves a battery or crime of violence against the person protected by the order, a conviction is punishable by a fine of up to $1,000 and a minimum of 3 months up to two years imprisonment. At least 30 days of the sentence must be imposed without the benefit of probation, parole, or suspension of sentence. A portion of the sentence will require participation in a court-monitored domestic abuse intervention program.

When an alleged offender is convicted of violating a protective order or an assault or battery upon the person for whose benefit the order is in effect within the five-year period prior to commission of the underlying offense, a conviction is punishable by a fine of up to $2,000 and a minimum of one year up to five years imprisonment, at least one year of which must be imposed without the benefit of probation, parole, or suspension of sentence.

Were you arrested in Louisiana for an alleged crime of domestic violence or a violation of a protective order? Was a protective order issued against you after a domestic dispute? Turn to a legal team with the right experience and the ability to defend you against the allegations and the restrictions that have been put upon you.

We know that this can be a confusing and stressful time in your life. It is our goal to help you understand your rights and help develop the strongest possible defense on your behalf. You are not alone, and help is available to you. Contact the Norris Law Group immediately, and we can answer your legal questions. Call 318-771-7000 or contact us online to schedule a confidential consultation.