It’s a devastating reality that many people suffer from domestic violence and other abuse in Baton Rouge, LA. It’s essential to know that there are ways victims can legally protect themselves. For those who have suffered domestic abuse, Louisiana provides civil protective orders. These orders can be filed to allow the victim safety from violence. A protective order can prohibit an abuser from being near or harming the person who filed the order and charge them in criminal court if they violate the guidelines of the order.
Filing a protective order to protect yourself and your family is necessary for many of those suffering domestic abuse, but it can also be overwhelming. At Magnolia Law, we provide you with compassionate and protected legal guidance and counsel and ensure that you can approach the process of filing with confidence. We know that your situation is incredibly difficult and traumatic. We want to help you with each step of the process to lessen that stress. Our attorneys fight for your interests and your right to protection.
In Louisiana law, domestic violence and abuse refer to:
Domestic violence and abuse are done by any close family member or member of a household. If you have suffered any form of abuse from a member of your household, a dating partner, or a close family member, you can file for a protective order. There are three types of protective orders:
The smartest way to protect yourself when filing a protective order is to work with experienced legal counsel. Some protective orders are filed as part of divorce proceedings, while others may be dealing with abuse from a relative or ex-partner. You deserve to feel safe. A qualified attorney can help you file your claim and represent you during your hearing. They can also ensure you understand all your legal options and have the necessary information to make important decisions.
A hearing is often a difficult experience for victims of domestic abuse. It can be traumatic to recount experiences where you were harmed. Working with an attorney ensures you don’t have to face the experience alone and allows someone well-versed in family law to argue for your rights and protection. When an attorney is advocating for you, your petition for a protective order is more likely to be issued.
There are no fees when you file a protective order in Louisiana, though there may be court costs. An attorney may be able to request that the person you filed against cover court fees and attorney costs.
The exact terms of a protective order depend on the unique circumstances of the case. All protective orders, in some way, outline what the abuser is able to do and what they are prohibited from doing. These guidelines are established to protect the victim. A protective order may include any of the following guidelines for the abuser:
Violation of the order can be enforced by the court and can result in criminal charges.
If an order or protection has been filed against you but not issued, you can file in opposition and appear at the hearing to represent your side of the story. It’s essential to work with an attorney to build a case to protect your rights. If a long-term protective order has already been issued against you, you can file a motion to dismiss. Never violate a protective order, as you could face fines and jail time.
If you need help filing or opposing an order of protection, contact Magnolia Law. We know that these cases are difficult, and we want to help you better protect your rights and well-being.