Baton Rouge Protective Order Attorney

Baton Rouge Protective Order Lawyer

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.

Types of Protective Orders

In Louisiana law, domestic violence and abuse refer to:

• Physical abuse
• Sexual abuse
• Elder abuse
• Stalking

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:

1. Emergency Temporary Restraining Order In emergency situations where there is an immediate threat of violence and the court is closed, an emergency temporary restraining order can be filed. This form of protective order lasts until the end of the day the court is open, or 24 hours. During that time, the victim should file for a temporary restraining order if they need it.
2. Temporary Restraining Order When a person suffering from domestic violence files a petition for a long-term protection order, the court may issue a temporary restraining order to protect them prior to the hearing. The person who is being filed against does not need to be notified if the court believes there is current and immediate danger to the victim. They will be notified immediately afterward and informed of the hearing date to determine if a long-term protective order will be issued. A temporary restraining order generally lasts until the hearing date.
3. Long-term Protective Order At the hearing, the court will determine if the person accused of abuse is a threat to the person who filed the claim. Both sides can present evidence to the court. If the court determines the alleged abuser is a threat, it will issue a long-term protective order. These can last up to 18 months. They may last longer in unique circumstances. If the court finds the alleged victim is not under threat, it will not issue an order, and any previous protective order will have likely expired. If the party who filed does not attend, the protective order can’t be extended. If the party who has been filed against does not attend, they may have a protective order placed against them with no say, which can have serious impacts on their life.

Can an Attorney Help With Filing a Protective Order?

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.

How Much Does a Protective Order Cost in Louisiana?

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.

What Can an Order of Protection Do?

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:

• Prohibited from contacting the victim in any way, and any person named by the court
• Required to end abusive behavior
• Prohibited from being near a pacific location named by the court, such as the victim’s home, work, school, or children’s school
• Forced to move from a home they share with the victim
• Lose custody rights or only be allowed supervised visitations
• Required to pay mortgage payments or temporary child support
• Lose the right to own or conceal carry firearms
• Required to pay court costs
• Required to attend treatment, therapy, or anger management
• Registration on the Louisiana Protective Order Registry
• Compliance with any restriction required by the court

Violation of the order can be enforced by the court and can result in criminal charges.

How Do I Get a Protective Order Dropped in Louisiana?

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.

Talk With Our Baton Rouge Protective Order Attorneys

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.