Louisiana
Louisiana Restraining Order Laws (2026): How to Get a Protective Order
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. 46:2173 is available to any victim of stalking, regardless of whether they have any relationship to the person stalking them. 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)
- Adult children or grandchildren who are victims of abuse by elderly parents or grandparents
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. 46:2173) 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 |
Acts 2023, No. 309 (effective August 1, 2024) codified the authority for 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, as updated by Acts 2023, No. 309 (effective August 1, 2024), 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 18 U.S.C. 922(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 18 U.S.C. 922(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 with a mandatory minimum of 3 months to 2 years (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. Under Acts 2023, No. 309 (effective August 1, 2024), the abuse-prohibition portion of the order can 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.