CHAPTER 8. DOMESTIC ABUSE ASSISTANCE Art. 1564. Purpose The purpose of this Chapter is to recognize and address the complex legal and social problems created by domestic violence and to provide a civil remedy in the juvenile courts for domestic violence in homes in which children reside which will afford the victim immediate and easily […]
Art. 1565. Definitions As used in this Chapter: (1) "Domestic abuse" includes but is not limited to physical or sexual abuse and any offense against the person as defined in Chapter 1 of Title 14 of the Louisiana Revised Statutes of 1950, except negligent injury and defamation, committed by one family or household member against […]
Art. 1566. Assistance; clerk of court; domestic abuse advocate A. The clerk of court shall make forms available for making application for protective orders under this Chapter, provide clerical assistance to the petitioner when necessary, advise indigent applicants of the availability of filing in forma pauperis, provide the necessary forms, and provide the services of […]
Art. 1567. Venue; standing A. Venue lies in either: (1) The parish in which the marital domicile is located or in which the household is located. (2) The parish in which the defendant resides. (3) The parish in which the abuse is alleged to have been committed. (4) For purposes of issuing an order pursuant […]
Art. 1568. Petition A. A petition filed under the provisions of this Chapter shall contain the following: (1) The name of each petitioner and each person on whose behalf the petition is filed and the name, address, and parish of residence of each individual alleged to have committed abuse, if known. (2) If the petition […]
Art. 1569. Temporary restraining order A. Upon good cause shown in an ex parte proceeding, the court may enter a temporary restraining order, without bond, as it deems necessary to protect from abuse the petitioner, any children, or any person alleged to be an incompetent. Immediate and present danger of abuse shall constitute good cause […]
Art. 1570. Protective orders; content; modification; service A. The court may grant any protective order or approve any consent agreement to bring about a cessation of abuse of a party, any children, or any person alleged to be incompetent, which relief may include but is not limited to: (1) Granting the relief enumerated in Article […]
Art. 1570.1. Costs paid by abuser A. Except as provided in Paragraph B of this Article, all court costs, attorney fees, costs of enforcement and modification proceedings, costs of appeal, evaluation fees, and expert witness fees incurred in maintaining or defending any proceeding concerning domestic abuse assistance in accordance with the provisions of this Chapter […]
Art. 1571. Penalties; notice of penalty in order A. Upon violation of a temporary restraining order, a protective order, or a court-approved consent agreement, the court may hold the defendant in contempt of court and punish the defendant by imprisonment in the parish jail for not more than six months or a fine of not […]
Art. 1572. Other relief not affected The granting of any relief authorized under this Chapter shall not preclude any other relief authorized by law. Acts 1991, No. 235, §15, eff. Jan. 1, 1992.
Art. 1573. Law enforcement officers; duties Whenever a law enforcement officer has reason to believe that a family or household member has been abused, the officer shall immediately use all reasonable means to prevent further abuse, including: (1) Arresting the abusive party with a warrant or without a warrant pursuant to Article 213 of the […]
Art. 1574. Reporting Whenever a law enforcement officer investigates an allegation of domestic abuse, whether or not an arrest is made, the officer shall make a written report of the alleged incident, including a statement of the complainant and the disposition of the case. Acts 1991, No. 235, §15, eff. Jan. 1, 1992.
Art. 1575. Immunity Any law enforcement officer reporting in good faith, exercising due care in the making of an arrest, or providing assistance pursuant to the provisions of Articles 1573 and 1574 shall have immunity from any civil liability that otherwise might be incurred or imposed because of the report, arrest, or assistance provided. Acts […]
