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How do I get a restraining order in Louisiana?

Federal & State Law Editorial TeamLast reviewed: 2026-05-18

Louisiana has separate civil protection statutes for family, dating, and stalking situations.

1. Types of Protective Orders

  • Domestic Abuse Protective Order — La. R.S. 46:2131-2143 (Domestic Abuse Assistance Act).
  • Dating Violence Protective Order — La. R.S. 46:2151.
  • Stalking Protective Order — La. R.S. 46:2171-2174.
  • Protection from Sexual Assault — La. R.S. 46:2181-2186.
  • No statewide red-flag law (proposed but not enacted).

    • 2. Eligibility

    Domestic abuse order requires "household member" (R.S. 46:2132(4)): spouse/former spouse, parties living together or who formerly lived together as spouses (regardless of marriage), parent/stepparent/child, foster parent/child, any other person who has children in common. Dating relationships have a separate statute (R.S. 46:2151). Stalking and sexual assault require no relationship.

    3. Filing

    File in Civil District Court, Family Court (E. Baton Rouge), or City Court of parish where petitioner resides, where abuse occurred, or where respondent resides. No filing or service fee for domestic abuse petitioners (R.S. 46:2134(E)). Statewide Uniform Abuse Prevention Order form mandated under R.S. 46:2136.2.

    4. Emergency / Ex Parte (TRO)

    Same-day review. Standard: "immediate and present danger of abuse" (R.S. 46:2135). TRO lasts up to 21 days until rule to show cause hearing (extendable for good cause).

    5. Rule to Show Cause Hearing

    Held within 21 days. Preponderance standard. Respondent personally served. Both parties present testimony, exhibits, witnesses; cross-examination allowed.

    6. Permanent Order Duration

    Up to 18 months standard (R.S. 46:2136(F)(2)); may be made permanent (indefinite) if respondent has been convicted of certain DV crimes or shown ongoing risk (R.S. 46:2136(F)(2)(a)).

    7. Enforcement

    Violation is misdemeanor under R.S. 14:79: up to 6 months jail and $500 fine first offense; up to 2 years and $2,000 for repeat; felony if injury results or with weapon. Arrest mandatory on probable cause (Code Crim. Proc. art. 215.1). Firearm transfer required (R.S. 46:2136.3); federal prohibition under 18 U.S.C. § 922(g)(8).

    8. Modification / Dissolution

    Either party may motion under R.S. 46:2136(D); respondent must show good cause and changed circumstances.

    This is legal information, not legal advice.

    When to Talk to a Lawyer
    • Respondent has retained counsel for the show-cause hearing
    • Custody, child support, or use of the family home is contested
    • Concealed handgun permit or law-enforcement firearm authority is at risk
    Related Statutes & Laws
    • La. R.S. 46:2131-2143
    • La. R.S. 46:2151
    • La. R.S. 46:2171-2174
    • La. R.S. 14:79
    • 18 U.S.C. § 922(g)(8)

    This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.