Louisiana
Louisiana Restraining Order Laws (2026): How to Get a Protective Order
Independently fact-checked against primary sources (last audited August 17, 2026). · Reviewed by the RecordingLaw editorial team. · Law checked current as of August 17, 2026. · 1 primary source cited on this page. How we verify our legal content
In Louisiana, a Domestic Abuse Protective Order protects victims of abuse within qualifying family, household, and dating relationships, with a final order lasting up to 18 months. A separate Stalking Protective Order is available to any victim of stalking regardless of relationship. Filing is free, and courts can issue a Temporary Restraining Order (TRO) the same day before the respondent is notified.
If you are in immediate danger, call 911. For confidential help 24/7, contact the National Domestic Violence Hotline at 1-800-799-7233 (text START to 88788).
Types of restraining orders in Louisiana
Louisiana provides two primary civil protective-order tracks. The Domestic Abuse Protective Order under R.S. 46:2131 through 46:2143 is the main remedy for victims of abuse within qualifying family, household, and intimate-partner relationships. The process starts with a Temporary Restraining Order (TRO), which a court issues ex parte on the day the petition is filed. After a contradictory hearing (where both parties appear), the court may enter a final protective order.
The Stalking Protective Order under R.S. 46:2171 et seq. is available to any victim of stalking, regardless of whether they have any relationship to the person stalking them. (A related provision, R.S. 46:2173, extends eligibility for domestic-violence-program services and benefits to stalking victims who are strangers to or acquaintances of the perpetrator.) This track fills the gap for situations where the abuser is a neighbor, coworker, or stranger rather than a family or intimate-partner connection.
Criminal courts can also issue protective orders as part of a criminal domestic-violence proceeding under the Louisiana Code of Criminal Procedure. Civil and criminal protective orders run parallel tracks and may both apply in some situations. The Domestic Abuse Protective Order is addressed in this article.
Who can get a restraining order in Louisiana?
The Domestic Abuse Protective Order under R.S. 46:2131 requires a qualifying domestic or intimate relationship. Eligible petitioners include:
- Current or former spouses
- Parents, stepparents, and their adult children or stepchildren
- Foster parents and foster children
- Other ascendants or descendants (grandparents, grandchildren)
- Persons who reside or formerly resided together and had a sexual or intimate relationship
- Dating partners (current or former)
- Parents or grandparents who are victims of abuse by an adult child, adult foster child, or adult grandchild
A qualifying relationship is required for the Domestic Abuse Protective Order. If you do not have such a relationship with the person harassing or stalking you, the Stalking Protective Order (R.S. 46:2171 et seq.) is the appropriate civil remedy, as it requires no prior relationship. You may also consult law enforcement about criminal stalking charges under R.S. 14:40.2.
How to file for a restraining order in Louisiana
You file a petition in any court empowered to hear family or juvenile matters, which in Louisiana means district courts with family jurisdiction. Venue is proper in the parish of the marital or household domicile, the respondent's residence, where the abuse occurred, or the petitioner's current residence.
Filing is free. The Violence Against Women Act bars courts from charging a filing or service fee for domestic-violence protective orders. Service of the TRO on the respondent is performed by the parish sheriff at no cost to you.
When you file, you will complete a petition describing the abuse and your relationship to the respondent. A judge reviews the petition the same day or promptly thereafter. If grounds exist, a TRO is issued ex parte. You do not need a police report, and no prior criminal case is necessary. Court self-help centers are available in every Louisiana district, and many domestic-violence organizations can assign an advocate to accompany you and help you complete the forms.
Temporary vs. final orders: how long they last
Louisiana uses a two-step process. The Temporary Restraining Order (TRO) is issued ex parte on or shortly after the day you file. It remains in effect until the contradictory hearing, which the court sets within 21 days of filing. At that hearing, both parties appear and may present evidence.
If the court finds that domestic abuse occurred or is likely to recur, a final Domestic Abuse Protective Order is entered after the hearing.
| Order Type | Duration |
|---|---|
| Temporary Restraining Order (TRO) | Until the contradictory hearing (within 21 days) |
| Final Domestic Abuse Protective Order | Up to 18 months; extendable after a further hearing |
| Abuse-prohibition provision | May be granted for an indefinite period at court's discretion |
Louisiana law also allows courts to grant the abuse-prohibition portion of a protective order for an indefinite period, meaning protection against harassment, contact, and interference can outlast the 18-month general term if the court so orders.
Firearms and a Louisiana protective order
Under R.S. 46:2136.3, a respondent is prohibited from possessing a firearm for the duration of the protective order when the court finds a credible threat to the physical safety of a family or household member or dating partner and the order cites (g)(8) and R.S. 46:2136.3. When that prohibition is included in the order, the respondent's Louisiana concealed handgun permit is also automatically suspended.
The federal firearm ban at (g)(8) applies independently to any qualifying final protective order that was issued after a hearing with notice to the respondent, restrains the respondent from harassing or threatening an intimate partner or a child of an intimate partner, and includes a finding that the respondent poses a credible threat to the physical safety of that person. Possessing a firearm in violation of the federal ban is a serious federal felony.
If you believe the respondent has retained firearms after a qualifying order was entered, contact law enforcement. You do not need to approach the respondent.
What happens if someone violates the order?
Violating a Louisiana Domestic Abuse Protective Order is a crime under R.S. 14:79. The penalty structure escalates with repeat violations and aggravating circumstances:
- First offense: a fine of up to $500, imprisonment of up to 6 months, or both.
- Second or subsequent offense: a fine of up to $1,000 and imprisonment of 14 days to 2 years; the 14-day minimum is non-suspendable.
- Violation involving battery, or going to the protected person's residence, household, school, or place of employment while possessing a firearm: enhanced penalties of 3 months to 2 years, of which at least 30 days must be served without probation, parole, or suspension (R.S. 14:79(C)).
- Prior domestic-violence convictions within 5 years: imprisonment of 1 to 5 years, with a mandatory minimum of 1 year that is non-suspendable.
Louisiana law enforcement officers may arrest a respondent without a warrant when they have probable cause to believe a protective order was violated. If the respondent violates the order, call 911 immediately. Document the violation with any available evidence (texts, calls, photographs) and report it to the court as well; a violation also constitutes contempt of court.
This article is general legal information, not legal advice, and it is not a safety plan. Protective-order rules vary by state and change. If you are in danger, call 911. For help with your specific situation, contact your local court's self-help center, a domestic-violence advocate, or a licensed attorney.
Related
For information on Louisiana's self-defense laws, see the Louisiana Self-Defense Laws page. For guidance on documenting threats or harassment, see Louisiana Recording Laws. For a full overview of how protective orders work nationwide, return to the Restraining Order Laws by State hub.
More Louisiana Laws
Frequently Asked Questions
How do I get a restraining order in Louisiana?
File a petition at the district court in your parish (or the parish where the respondent lives, where you live, or where the abuse occurred). A judge can issue a Temporary Restraining Order (TRO) the same day, before the respondent is notified. A full contradictory hearing is scheduled within 21 days, at which the court may enter a final Domestic Abuse Protective Order.
How long does a restraining order last in Louisiana?
A final Domestic Abuse Protective Order lasts up to 18 months and can be extended after a further hearing. Louisiana law also allows the abuse-prohibition portion of the order to be granted for an indefinite period at the court's discretion.
How much does a restraining order cost in Louisiana?
Filing is free. The Violence Against Women Act prohibits courts from charging a filing fee or service fee for domestic-violence protective orders. The parish sheriff serves the TRO on the respondent at no cost to you.
Can I get a restraining order without a police report?
Yes. You file a civil petition in district court describing the abuse and your relationship to the respondent. A police report is not required, and no prior criminal case needs to be pending.
Does a restraining order take away gun rights in Louisiana?
Yes, if the court finds a credible threat to physical safety and includes the firearm prohibition under R.S. 46:2136.3. When that happens, the respondent is prohibited from possessing firearms for the duration of the order and their concealed handgun permit is suspended. The federal ban at 18 U.S.C. 922(g)(8) also applies to qualifying final orders.
What happens if the abuser violates the order?
Call 911 immediately. Louisiana police can make a warrantless arrest on probable cause of a violation. A first violation under R.S. 14:79 carries up to $500 or 6 months in jail; a second or subsequent violation carries a mandatory minimum of 14 days and up to 2 years. Violations involving a firearm or prior domestic-violence convictions trigger significantly higher mandatory minimums.
What is the difference between a TRO and a Domestic Abuse Protective Order in Louisiana?
A Temporary Restraining Order (TRO) is the ex parte emergency order issued on or near the day you file, without the respondent present; it lasts until the contradictory hearing (within 21 days). A Domestic Abuse Protective Order is the final order entered after that hearing, where both parties can present evidence, and it can last up to 18 months with the abuse-prohibition portion potentially indefinite.
Updates
Corrected the elder-abuse eligibility bullet, which had reversed who the statute protects (elderly parents and grandparents are the protected victims, not the abusers); fixed an amendment citation that had been attached to the wrong code section (R.S. 46:2136 instead of R.S. 46:2136.3); and clarified that the 3-month-to-2-year enhanced violation penalty is a sentencing range with a 30-day non-suspendable minimum, not itself a mandatory minimum.
Independently fact-checked against the cited primary sources; governing law re-checked for recent changes
Corrected the sourcing of the Domestic Abuse Protective Order's 18-month/indefinite duration language (it had been traced to a stalking-conviction sentencing statute, not the civil order statute) and reattributed the Stalking Protective Order citation from R.S. 46:2173 (which only extends victim-services eligibility) to R.S. 46:2171 et seq. (the actual protective-order authority confirmed by R.S. 14:79).
Governing law re-checked for recent changes
Reviewed and approved by an editor
The Law Behind This Article
This article rests on the statutory provisions below, held in our own legal record and retrieved from the official source. Tap a section to read the operative text.
Louisiana Revised Statutes
§ 14:40.2StalkingIn forcecited in 8 of our articles
A. Stalking is the intentional and repeated following or harassing of another person that would cause a reasonable person to feel alarmed or to suffer emotional distress. Stalking shall include but not be limited to the intentional and repeated uninvited presence of the perpetrator at another person's home, workplace, school, or any place which would cause a reasonable person to be alarmed, or to suffer emotional distress as a result of verbal, written, or behaviorally implied threats of death, bodily injury, sexual assault, kidnapping, or any other statutory criminal act to himself or any member of his family or any person with whom he is acquainted. B.(1)(a) Notwithstanding any law to the contrary, on first conviction, whoever commits the crime of stalking shall be fined not less than five hundred dollars nor more than one thousand dollars and shall be imprisoned for not less than thirty days nor more than one year. Notwithstanding any other sentencing provisions, any person convicted of stalking shall undergo a psychiatric evaluation.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at legis.la.gov
Cited in 58 court opinionsMost recently applied by a court: 2025
Leading cases:
- State v. Ryan (Louisiana Court of Appeal 2007, 969 So. 2d 1268)“…Timothy J. Ryan, was convicted of stalking, a violation of La.R.S. 14:40.2, and appeals on the basis of insufficie…”
- Lepine v. Lepine (Louisiana Court of Appeal 2017, 17 La.App. 5 Cir. 45)“…an offense against the person, specifically stalking under La. R.S. 14:40.2. Because stalking | iais an offense aga…”
- Shaw v. Young (Louisiana Court of Appeal 2016, 2015 La.App. 4 Cir. 0974)“…reats and harassment. The crime of stalking is set forth in La. R.S. 14:40.2(A): “Stalking is the intentional and re…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Louisiana Voyeurism and Hidden Camera Laws: Offenses, Penalties, and Protections, Louisiana GPS Tracking Laws: Is It Legal to Put a Tracker on a Car? (2026), Louisiana Expungement Laws: Eligibility, Costs, and How to Clear Your Record
§ 14:79Violation of protective ordersIn forcecited in 2 of our articles
A.(1)(a) Violation of protective orders is the willful disobedience of a preliminary or permanent injunction or protective order issued pursuant to R.S. 9:361 et seq., R.S. 9:372, R.S. 46:2131 et seq., R.S. 46:2151, R.S. 46:2171 et seq., R.S. 46:2181 et seq., Children's Code Article 1564 et seq., Code of Civil Procedure Articles 3604 and 3607.1, or Code of Criminal Procedure Articles 320 and 871.1 after a contradictory court hearing, or the willful disobedience of a temporary restraining order or any ex parte protective order issued pursuant to R.S. 9:361 et seq., R.S. 9:372, R.S. 46:2131 et seq., R.S. 46:2151, R.S. 46:2171 et seq., criminal stay-away orders as provided for in Code of Criminal Procedure Article 320, Children's Code Article 1564 et seq., or Code of Civil Procedure Articles 3604 and 3607.1, if the defendant has been given notice of the temporary restraining order or ex parte protective order by service of process as required by law.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at legis.la.gov
Cross-referenced in the statute itself: § 46:2131, § 46:2136.3
Cited in 33 court opinionsMost recently applied by a court: 2026
Leading cases:
- Ardoin v. City of Mamou (Louisiana Court of Appeal 1996, 96 La.App. 3 Cir. 54)“…buse Assistance Act and other statutory provisions, such as La. R.S. 14:79, authorize law enforcement agencies to…”
- State v. Kumar (Louisiana Court of Appeal 2011, 58 So. 3d 544)“…ount of violation of a protective order in contravention of La. R.S. 14:79. The bill of information alleges that t…”
- State of Louisiana v. Ira R. Toney, Jr. (Louisiana Court of Appeal 2024)“…16 and October 6, 2016, a misdemeanor in violation of La. R.S. 14:79; Count 6 – Violation of a Protect…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 46:2131PurposesIn force
The purpose of this Part is to recognize and address the complex legal and social problems created by domestic violence. The legislature finds that existing laws which regulate the dissolution of marriage do not adequately address problems of protecting and assisting the victims of domestic abuse. The legislature further finds that previous societal attitudes have been reflected in the policies and practices of law enforcement agencies and prosecutors which have resulted in different treatment of crimes occurring between family members, household members, or dating partners and those occurring between strangers. It is the intent of the legislature to provide a civil remedy for domestic violence which will afford the victim immediate and easily accessible protection. Furthermore, it is the intent of the legislature that the official response of law enforcement agencies to cases of domestic violence shall stress the enforcement of laws to protect the victim and shall communicate the attitude that violent behavior is not excused or tolerated.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at legis.la.gov
Cited in 103 court opinionsMost recently applied by a court: 2026
Leading cases:
- Culp v. Culp (Louisiana Court of Appeal 2007, 960 So. 2d 1279)“…e Domestic Abuse Assistance Laws (D.A.A.) contained in both La. R.S. 46:2131, et seq., and Louisiana Children's Co…”
- Lepine v. Lepine (Louisiana Court of Appeal 2017, 17 La.App. 5 Cir. 45)“…indy filed a Petition for Protection from Abuse pursuant to La. R.S. 46:2131, et seq., alleging Troy was stalking…”
- Ruiz v. Ruiz (Louisiana Court of Appeal 2005, 910 So. 2d 443)“…Ruiz filed a Petition for Protection from Abuse pursuant to La. R.S. 46:2131 naming as defendant her husband, Brenda…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 46:2136.3Prohibition on the possession of firearms by a person against whom a protective order is issuedIn forcecited in 2 of our articles
A. Any person against whom the court has issued a permanent injunction or a protective order pursuant to a court-approved consent agreement or pursuant to the provisions of R.S. 9:361 et seq., R.S. 9:372, R.S. 46:2136, 2151, or 2173, Children's Code Article 1570, Code of Civil Procedure Article 3607.1, or Code of Criminal Procedure Articles 30, 320, or 871.1 shall be prohibited from possessing a firearm or carrying a concealed weapon for the duration of the injunction or protective order if both of the following occur: (1) The permanent injunction or protective order includes a finding that the person subject to the permanent injunction or protective order represents a credible threat to the physical safety of a family member, household member, or dating partner. (2) The permanent injunction or protective order informs the person subject to the permanent injunction or protective order that the person is prohibited from possessing a firearm pursuant to the provisions of 18 U.S.C. 922(g)(8) and this Section. B.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at legis.la.gov
Cited in 7 court opinionsMost recently applied by a court: 2025
Leading cases:
- Ju'Kadynn Carter v. Stevie Holloway (Louisiana Court of Appeal 2025)“…the duration of the protective order by Stevie pursuant to La. R.S. 46:2136.3. (4) The trial court erred in granting…”
- Tyshequa Boykins on Behalf of Kylin Boykins v. Steve Holloway (Louisiana Court of Appeal 2025)“…ration of the protective order by Holloway, Sr. pursuant to La. R.S. 46:2136.3. (4) The trial court erred in granting…”
- Tyshequa Boykins on Behalf of Kylin Boykins v. Stevie Holloway (Louisiana Court of Appeal 2025)“…the duration of the protective order by Stevie pursuant to La. R.S. 46:2136.3. (4) The trial court erred in granting…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 46:2173Protection from stalkingIn forcecited in 2 of our articles
A victim of stalking by a perpetrator who is a stranger to or acquaintance of the victim shall be eligible to receive all services, benefits, and other forms of assistance provided by Chapter 28 of this Title, provided the services, benefits, and other forms of assistance are applicable based on the status of the relationship between the victim and perpetrator.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at legis.la.gov
Cited in 3 court opinionsMost recently applied by a court: 2025
Leading cases:
- Scott v. Hogan (Louisiana Court of Appeal 2018, 255 So. 3d 24)“…rt II of Chapter 28 ( i.e., La. R.S. 46:2131 -2143). See La. R.S. 46:2173 and La. R.S. 46:2183(A). Pursuant to…”
- Ju'Kadynn Carter v. Steve Holloway (Louisiana Court of Appeal 2025)“…as issued a protective order pursuant to the provisions of La. R.S. 46:2173 shall be prohibited from possessing a f…”
- Keshawn Patterson v. Tacarra Charles (Louisiana Court of Appeal 2019)“…the relationship between the victim and perpetrator.” See La. R.S. 46:2173. Under La. R.S. 46:2132(3) domestic ab…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
United States Code Title 18
§ 922Unlawful actsIn forcecited in 61 of our articles
It shall be unlawful— for any person— except a licensed importer, licensed manufacturer, or licensed dealer, to engage in the business of importing, manufacturing, or dealing in firearms, or in the course of such business to ship, transport, or receive any firearm in interstate or foreign commerce; or except a licensed importer or licensed manufacturer, to engage in the business of importing or manufacturing ammunition, or in the course of such business, to ship, transport, or receive any ammunition in interstate or foreign commerce; for any importer, manufacturer, dealer, or collector licensed under the provisions of this chapter to ship or transport in interstate or foreign commerce any firearm to any person other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector, except that— this paragraph and subsection (b)(3) shall not be held to preclude a licensed importer, licensed manufacturer, licensed dealer, or licensed collector from returning a firearm or replacement firearm of the same kind and type to a person from whom it was received; and this paragraph shall not be held to preclude an individual from mailing a firearm owned in compliance…
Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at uscode.house.gov
Cited in 40,024 court opinionsMost recently applied by a court: 2026
In the courts (editorial summary, independently checked):Section 922(g)(1) bars a felon from possessing a firearm, and the Supreme Court cases in this line turn on sentencing, not on the ban. Taylor v. United States (1990) and Shepard v. United States (2005) held that whether prior convictions enhance a 922(g) sentence under 924(e) is decided from offense elements and limited plea records.
Leading cases:
- United States v. Booker (Supreme Court of the United States 2004, 543 U.S. 220)“…e Johnson with one crime (say, illegal gun possession, see 18 U. S. C. § 922 (g)) and Jackson with another (say, ban…”
- Almendarez-Torres v. United States (Supreme Court of the United States 1998, 523 U.S. 224)“…cidivism an offense element in such circumstances. But cf. 18 U. S. C. § 922 (g)(1) (prior felony conviction an elem…”
- Taylor v. United States (Supreme Court of the United States 1990, 495 U.S. 575)✓Taylor pleaded guilty to felon-in-possession under 18 U.S.C. § 922(g)(1) and had two Missouri burglary convictions; the Court held that 'burglary' in the § 924(e) enhancement attached to a § 922(g) conviction means generic burglary judged by the prior statute's elements.
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Can You Become an ICE Agent with a Criminal Record? (2026 Guide), How Long Does a Felony Stay on Your Record? (2026), Supreme Court Limits the Federal Gun Ban on Marijuana Users (Hemani, 2026)
Explore the law
The laws cited above reference these related sections in their own text:
- Louisiana Revised Statutes § 14:2 — Definitions view in our statute record · read at the official source
Related law for further reading — not part of this article’s citations.
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