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Restraining Order
Restraining Order
A restraining order, also known as an order of protection, is commonly issued by a court to protect an individual from being harmed, abused, threatened, or harassed by an abuser. A restraining order may also be issued to keep the abuser away from a scene of the violence. This may be a person’s home or workplace.
If you have been a victim of violence or have been threatened, it’s likely that you need to seek protection from your potential abuser. A restraining order or order of protection may be the help you need. Below we have outlined the process to obtain protective orders in the state of Louisiana.
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Types of Domestic Abuse
- Sexual abuse
- Physical abuse
- Assault
- Stalking
Each of these types of abuse can lead to a restraining order. If you are a victim of domestic abuse or you are fearful that you are in danger because of threats of abuse, you should immediately seek help in obtaining protective orders.
The Different Types of Protective Orders
- Temporary restraining order (TRO) - A temporary restraining order is the first step in obtaining a long-term protective order and is issued by the court on an immediate basis. The person accused of abuse will be notified immediately after the temporary restraining order is issued by the court. A court date will be issued for a hearing where you will be heard by a judge.
- Emergency temporary restraining order - During an emergency that happens outside of normal court hours, an emergency temporary restraining order may be filed. This protection only lasts until the end of the next day in which the court is open. You must request a TRO from the court in order for the protective order to continue.
- Long-term protective order - After your court hearing, a long-term protective order may be issued. This type of protective order lasts up to 18 months, unless there are certain circumstances in which case it can last longer. Some parts of the order may last indefinitely. The court hearing for this type of order allows for both parties to provide supporting evidence and tell their sides of the story. It is required that both parties attend.
Obtaining a Restraining Order
In order to start the process of obtaining a restraining order, you must file a petition with the court. You are not required to pay any fees to file this petition. If you are in immediate danger it is important that you know to call 911. You can also contact an attorney at Rozas or local police to seek a temporary restraining order if you have been a victim of domestic abuse or have been threatened.
Contact our Experienced Family Law Attorneys
At Rozas, our family law attorneys want to help keep you and your family safe from harm and violence. Our team will work to obtain a temporary restraining order as soon as possible to keep you out of danger. If there has been a history of violence, we will fight to help you get a long-term protective order. Contact us today at Rozas to speak to a skilled and experienced family law attorney.
Visit our contact page to submit a form to our law firm to schedule a consultation with an experienced attorney to handle your criminal defense, immigration, or family law needs. English and Spanish-speaking representation is available.
