BayouJustice.org is an informational resource only. Nothing on this page is legal advice. Consult a Louisiana-licensed attorney for advice on your specific case.
Step-by-Step Guide

Petition for Protection from Abuse.

The strongest civil relief in Louisiana. A verified petition can secure an immediate ex parte Temporary Restraining Order the same day you file, followed within 21 days by a full hearing on a long-term Protective Order (up to 18 months, renewable). No filing fees. No service fees.

⚠ If you are in immediate danger, call 911.

This guide is for filing a civil protective order. If you are being harmed right now, dial 911. The Louisiana Coalition Against Domestic Violence hotline is 1-888-411-1333 (24 hours).

Who this is for

Louisiana's Protection from Abuse Act (La. R.S. 46:2131 et seq.) covers abuse committed by:

  • A current or former spouse
  • A current or former dating partner
  • A parent, child, or other household or family member
  • A co-parent of a child

Abuse includes physical harm, sexual assault, threats, stalking, harassment, and any conduct making a person reasonably fear imminent physical harm.


The step-by-step process

1

Go to the correct courthouse

File in the parish where you live, where the abuse occurred, or where the abuser lives. For most people, this is the parish where they live. Ask at the courthouse information desk for the "Protection from Abuse" division or the family court clerk.

2

Ask for the intake staff

Many parishes have dedicated victim-advocate staff who help petitioners fill out the paperwork. Ask specifically for domestic violence intake or a Family Justice Center advocate. Free legal aid organizations often have staff on-site (Southeast LA Legal Services, Legal Services of North Louisiana, etc.).

4

Write your statement carefully

The petition asks you to describe the abuse. Be specific and factual:

  • Dates (approximate is OK if exact is impossible)
  • Specific acts (hitting, threats, weapons, stalking)
  • Injuries you sustained
  • Witnesses (children present, neighbors, family)
  • Any police reports (attach copies)
  • Photos of injuries or damage (bring copies)
  • Threatening messages (screenshots)

Include the most recent incident and the pattern of past incidents. Judges need to see both recency (for TRO) and pattern (for long-term order).

5

Sign in front of the notary or clerk

The petition must be sworn to (verified). The Clerk of Court's office will notarize it for you at no charge for protection-from-abuse cases.

6

File — no fee

La. R.S. 46:2136.1 waives all costs for protection-from-abuse petitioners: no filing fee, no service fee, no enforcement cost. If a clerk tries to charge you, politely reference the statute or ask for a supervisor. Legal aid organizations can help enforce this.

7

See the judge for the TRO (same day)

After you file, the clerk will send you to a duty judge or emergency magistrate. The judge reads your petition and decides whether to grant an immediate Temporary Restraining Order (TRO). Be prepared to briefly answer questions under oath about the most recent incident. If the judge grants the TRO, it is effective immediately upon service on the abuser.

8

Sheriff serves the TRO

The parish sheriff serves the TRO on the abuser at no cost. Give the intake clerk the abuser's address(es) — home, work, anywhere they might be found. The TRO is enforceable the moment the abuser is served.

9

Attend the contradictory hearing within 21 days

La. R.S. 46:2135(F) requires the full hearing within 21 days of the TRO. At this hearing, both sides testify and present evidence. If you prove abuse by a preponderance, the court will issue a long-term Protective Order for up to 18 months (renewable).

Bring:

  • All photos, texts, police reports
  • Witnesses (or at minimum their contact info)
  • Medical records if you sought treatment
  • A written timeline of incidents
  • Photo ID
10

Register the order and know what it covers

Louisiana Protective Orders are automatically entered into the Louisiana Protective Order Registry (LPOR) and the National Crime Information Center (NCIC). Federal law also prohibits the abuser from possessing firearms under 18 U.S.C. § 922(g)(8).

Keep a certified copy on you and give copies to your children's school/daycare, your employer's security desk, and anyone else who needs to know.

⚠ The abuser must be served for the TRO to be enforceable

Until the sheriff actually delivers papers to the abuser, the TRO cannot be enforced against them. If service is difficult (they are hiding), tell the clerk immediately — there are procedures for substitute service and for extending the TRO.

💡 Free legal representation is available

Legal aid organizations across Louisiana provide free representation for domestic violence victims. Contact Southeast Louisiana Legal Services (504-529-1000), Acadiana Legal Service Corp., Legal Services of North Louisiana, Capital Area Legal Services, or The Pro Bono Project. See the Pro Bono page for full contact info.


Related resources on this site