CHAPTER 2. INJUNCTION Art. 3601. Injunction, grounds for issuance; preliminary injunction; temporary restraining order A. An injunction shall be issued in cases where irreparable injury, loss, or damage may otherwise result to the applicant, or in other cases specifically provided by law; provided, however, that no court shall have jurisdiction to issue, or cause to […]
Art. 3602. Preliminary injunction; notice; hearing A preliminary injunction shall not issue unless notice is given to the adverse party and an opportunity had for a hearing. An application for a preliminary injunction shall be assigned for hearing not less than two nor more than ten days after service of the notice.
Art. 3603. Temporary restraining order; affidavit or affirmation of irreparable injury and notification efforts A. A temporary restraining order shall be granted without notice when all of the following occur: (1) It clearly appears from specific facts shown by a verified petition, by supporting affidavit, or by affirmation as provided in Article 3603.1(C)(3) that immediate […]
Art. 3603.1. Governing provisions for issuance of protective orders; grounds; notice; court-appointed counsel A. Notwithstanding any provision of law to the contrary, and particularly the provisions of Domestic Abuse Assistance, Part II of Chapter 28 of Title 46, Post-Separation Family Violence Relief Act and Injunctions and Incidental Orders, Parts IV and V of Chapter 1 […]
Art. 3604. Form, contents, and duration of restraining order A. A temporary restraining order shall be endorsed with the date and hour of issuance; shall be filed in the clerk’s office and entered of record; shall state why the order was granted without notice and hearing; and shall expire by its terms within such time […]
Art. 3605. Content and scope of injunction or restraining order An order granting either a preliminary or a final injunction or a temporary restraining order shall describe in reasonable detail, and not by mere reference to the petition or other documents, the act or acts sought to be restrained. The order shall be effective against […]
Art. 3606. Temporary restraining order; hearing on preliminary injunction A. When a temporary restraining order is granted, the application for a preliminary injunction shall be assigned for hearing at the earliest possible time, subject to Article 3602, and shall take precedence over all matters except older matters of the same character. The party who obtains […]
Art. 3607. Dissolution or modification of temporary restraining order or preliminary injunction An interested person may move for the dissolution or modification of a temporary restraining order or preliminary injunction, upon two days’ notice to the adverse party, or such shorter notice as the court may prescribe. The court shall proceed to hear and determine […]
Art. 3607.1. Registry of temporary restraining order, preliminary injunction, or permanent injunction A. Immediately upon rendering a decision granting the petitioner a temporary restraining order or a preliminary or permanent injunction prohibiting a person from harming a family or household member or dating partner, or directing a person accused of stalking to refrain from abusing, […]
Art. 3608. Damages for wrongful issuance of temporary restraining order or preliminary injunction The court may allow damages for the wrongful issuance of a temporary restraining order or preliminary injunction on a motion to dissolve or on a reconventional demand. Attorney’s fees for the services rendered in connection with the dissolution of a restraining order […]
Art. 3609. Proof at hearings; affidavits The court may hear an application for a preliminary injunction or for the dissolution or modification of a temporary restraining order or a preliminary injunction upon the verified pleadings or supporting affidavits, or may take proof as in ordinary cases. If the application is to be heard upon affidavits, […]
Art. 3610. Security for temporary restraining order or preliminary injunction A temporary restraining order or preliminary injunction shall not issue unless the applicant furnishes security in the amount fixed by the court, except where security is dispensed with by law. The security shall indemnify the person wrongfully restrained or enjoined for the payment of costs […]
Art. 3611. Penalty for disobedience; damages Disobedience of or resistance to a temporary restraining order or preliminary or final injunction is punishable as a contempt of court. The court may cause to be undone or destroyed whatever may be done in violation of an injunction, and the person aggrieved thereby may recover the damages sustained […]
Art. 3612. Appeals A. There shall be no appeal from an order relating to a temporary restraining order. B. An appeal may be taken as a matter of right from an order or judgment relating to a preliminary or final injunction, but such an order or judgment shall not be suspended during the pendency of […]
Art. 3613. Jurisdiction not limited The provisions of this Chapter do not limit the issuance by a court of any writ, process, or order in aid of its jurisdiction.
