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Protective Orders

Lake Charles Protective Order Lawyers

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If you or your children have been abused or you fear such conduct from a family or household member, you can file a petition for a protective order. A protective order, also referred to as a restraining order, is issued by a court to stop the abuser from contacting you and/or your children. The process of obtaining a protective order can be complicated and requires that you show that a reason exists to justify the court taking action. You can have an attorney help you petition for a restraining order.

At Sudduth & Associates, LLC, our Lake Charles protective order lawyers have over 100 years of combined experience. We can skillfully guide you through the process of seeking a restraining order. Our team understands that you might be feeling stressed and frightened, which is why we will be beside you throughout, relieving some of the burdens of the process.

Speak with us during a consultation by calling 1-833-SUDDUTH today.

Who Can File for a Protective Order in Louisiana?

In Louisiana, if you have been abused or fear that you will be abused by a family or household member or dating partner, you can file a petition for a protective order.

A family member, household member, or dating partner includes:

  • Spouse
  • Former spouse
  • Parent
  • Child
  • Stepparent
  • Stepchild
  • Grandparent
  • Grandchild
  • People who currently live together or did in the past and were involved in a sexual or intimate relationship
  • People in a dating relationship who have not lived together

What's the Process for Obtaining a Restraining Order?

The process for getting a protective order issued against your abuser begins with completing specific forms. You must ensure the documents are accurate and clearly specify why protection is sought.

After you've filled out the forms, you must file your petition with the Clerk of Court's office. It will then forward your petition to a judge. If the judge determines that you or your children are in immediate danger of harm, they may issue a temporary restraining order against your abuser.

You and your abuser will be scheduled for a hearing, where you both give your accounts of the situation. If the judge rules in your favor, they will issue a long-term protective order.

What Types of Protective Orders May Be Issued?

Depending on your situation, a judge may issue a temporary or permanent protective order.

  • Temporary Restraining Order: This is issued when the judge believes that you or your children are at immediate risk of injury. The judge can grant a temporary restraining order (TRO) without hearing statements from your abuser. The TRO is valid until a hearing is scheduled (usually 20 days from the date of issuance).
  • Permanent Restraining Order: This is issued only after your scheduled hearing. During the hearing, you and your abuser must provide statements to the judge before they determine whether or not to issue the order.

Violation of Protective Orders in Louisiana

If your abuser violates the terms of a protective order, they could be committing an offense called contempt of court. You may also be entitled to pursue civil action and seek damages for harm you suffered because of the violation. In addition, violation of certain orders of protection is a crime in Louisiana and the defendant can be arrested for the violation of protective orders.

We're Ready to Help You

At Sudduth & Associates, LLC, our Lake Charles protective order attorneys will focus on protecting your rights and best interests. We will help you seek a restraining order to keep you and your family safe. We will help gather documents and evidence you need to successfully file a petition, and we will provide sound legal guidance and support for your scheduled hearing.

Reach out to us today by calling 1-833-SUDDUTH or filling out an online contact form.

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