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Petition For Protection From Abuse Form. This is a Louisiana form and can be use in General Court Statewide.
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Tags: Petition For Protection From Abuse, LPOR B, Louisiana Statewide, General Court
COURT
PETITIONER
PARISH/CITY OF
V.
STATE OF LOUISIANA
DIVISION:
FILED:
DEFENDANT
NUMBER:
CLERK:
PETITION FOR PROTECTION FROM ABUSE
Pursuant to La. R.S. 46:2131, et seq. or La. R.S. 46:2151
The petition of
, born
your name
month, day, year
a resident of the State of Louisiana, respectfully represents:
Paragraph 1
Petitioner files this petition on behalf of:
a.
____ Petitioner, and/or
b.
____ Minor child(ren) as follows:
Name
Relationship to petitioner
Name
DOB
Relationship to petitioner
Name
DOB
Relationship to petitioner
Name
DOB
Relationship to petitioner
Name
DOB
Relationship to petitioner
Name
c.
DOB
DOB
Relationship to petitioner
____ Alleged incompetent:
Paragraph 2
a.
____ Petitioner requests that his/her address, or that of the minor child(ren) or alleged
incompetent, remain confidential to the court and files the address pursuant to
La. R.S. 46:2134(B). (Ask clerk of court for the Confidential Address Form.)
OR
b.
____ Petitioner’s current address:
No. & Street
Apt. No.
City
c.
State
Zip Code
____ The minor child’s or alleged incompetent’s current address:
No. & Street
Apt. No.
City
State
Zip Code
Paragraph 3
, defendant, resides in
Parish
Abuser’s Name
at
No. & Street
Apt. No.
City
State
Zip Code
LPOR B
Page 1 of 7
v.5.1
Paragraph 4
This Court is the proper venue for this action because:
The marital domicile is located in
Parish.
The household is located in
Parish.
The defendant resides or is domiciled in
Parish.
The abuse occurred in
Parish.
The petitioner resides or is domiciled in
Parish. (Do not
fill this out if address is to remain confidential.)
Paragraph 5
The protected person(s) is related to the defendant as: (check all that apply)
___
Current or former spouse
___
Current or former dating partner
___
Current or former unmarried intimate cohabitant
___
Parent, stepparent, or foster parent
___
Child, stepchild, or foster child
___
Grandparent or grandchild
___
Child of defendant’s current or former intimate
___
Other:
partner
Paragraph 6
____ A suit for divorce between the parties is not pending.
____ A suit for divorce between the parties is pending (fill out page 7 of this form, “Addendum”)
NOTE: If you were NOT the petitioner in the divorce suit, use form LPOR B-R entitled
“Petition for Protection From Abuse, (Filed by the Defendant in the Pending Action as
Petitioner-in-reconvention)” instead of this one.
____ There is a suit for custody pending involving children named in this petition (fill out page 7 of
this form, “Addendum”).
____ There is a custody order in effect involving children named in this petition (fill out page 7 of this
form, “Addendum”, or attach a copy of the order if available).
Paragraph 7
____ The protected person(s) and defendant have child(ren) in common.
Paragraph 8
a.
Defendant abused protected person(s) in the following manner:
___
Slapped protected person(s)
___
Threatened protected person(s) with bodily harm
___
Punched protected person(s)
___
Threatened protected person(s)’ life
___
Choked protected person(s)
___
Threatened protected person(s) with a weapon
___
Shoved protected person(s)
___
Abused petitioner’s child(ren) or
___
Kicked protected person(s)
___
Stalked protected person(s)
alleged incompetent
___
Other:
LPOR B
Page 2 of 7
v.5.1
b.
The facts and circumstances of this abuse are as follows:
The most recent incident of abuse which caused petitioner to file this petition happened
on or about the
b.
day of
,
, at which time the defendant did
Past incidents:
Paragraph 9
Because of the immediate and present danger of abuse, petitioner requests that an ex parte
Temporary Restraining Order be issued immediately without bond:
a.
____ prohibiting defendant from abusing, harassing, stalking, following, or threatening the
protected person(s) in any manner whatsoever. This prohibition includes the use,
attempted use, or threatened use of force or physical violence that would reasonably be
expected to cause bodily injury.
b.
____ prohibiting the defendant from contacting the protected person(s) personally,
electronically, by phone, in writing, or through a third party, without the express written
permission of this court.
c.
____ prohibiting defendant from going within one hundred (100) yards of the residence,
apartment complex, or multiple family dwelling of the protected person(s) located at:
__________________________________________________________________
No. & Street
Apt. No.
City
State
Zip Code
LPOR B
Page 3 of 7
v.5.1
d.
____ ordering the defendant to stay away from the protected person(s)’ place of
employment/school and not to interfere in any manner with such employment/school
located at:
__________________________________________________________________
Employment/School
Address
City
State
Zip Code
__________________________________________________________________
Employment/School
e.
Address
City
State
Zip Code
____ granting the petitioner or protected person(s) the use of the residence located at:
__________________________________________________________________
No. & Street
Apt. No.
City
State
Zip Code
to the exclusion of defendant by evicting defendant and ordering the defendant to
surrender any keys to that residence to the petitioner, and ordering
(law enforcement agency) to evict the defendant.
Said residence is:
____ jointly owned by defendant and petitioner or protected person(s).
____ jointly leased by defendant and petitioner or protected person(s).
____ solely leased by defendant who has a duty to support petitioner or protected
person(s). (NOTE: If solely owned by defendant AND petitioner is awarded
custody of child(ren) of the parties, check appropriate item in Paragraph 10.
____ solely owned or leased by petitioner or protected person(s).
Presently occupied by
f.
____ ordering the defendant not to damage any belongings of the protected person(s), not to
shut off any utilities, telephone service, or mail delivery to the protected person(s), or in
any way interfere with the living conditions of the protected person(s).
g.
____ granting petitioner or protected person(s) the use and possession of the following property
jointly or solely owned or leased by petitioner or protected person(s)(state location of each
item by street address and who is presently in possession).
for the following reasons:
And ordering ___________________________ (law enforcement agency) to
accompany petitioner to where the above listed property is located to allow petitioner to
take possession of the property.
h.
____ prohibiting either party from transferring, encumbering, or otherwise disposing of property
jointly owned or leased, except in the normal course of business or necessary for the
support of the petitioner and/or the minor child(ren) or alleged incompetent.
i.
____ awarding the temporary custody of the minor child(ren) or alleged incompetent,
to petitioner; the minor child(ren) or alleged incompetent is currently in the physical
.
custody of
j.
____ ordering a representative of
(law enforcement
agency) to accompany petitioner to where the minor child(ren) or alleged incompetent
mentioned above is/are currently and to effect petitioner obtaining physical custody of said
child(ren) or alleged incompetent.
k.
____ prohibiting defendant from interfering with the custody of the minor child(ren) or alleged
incompetent.
LPOR B
Page 4 of 7
v.5.1
l.
____ allowing
to return to the residence at a date and time to be
agreed upon by petitioner and law enforcement agency, to recover his/her personal clothing
and necessities, only if s/he is accompanied by a law enforcement officer to ensure the
protection and safety of the parties. NO FORCED ENTRY ALLOWED.
m.
____ ordering a representative of
agency) to accompany
personal clothing and necessities.
(law enforcement
to the family residence to recover her/his
Paragraph 10
Petitioner desires that a rule issue herein ordering defendant to show cause why the orders requested in
Paragraph 9 should not be made into protective orders, and why defendant should not also be ordered:
___ to pay petitioner a reasonable amount of child support in accordance with Louisiana Law.
___ to pay petitioner a reasonable amount of spousal support (alimony).
___ to seek professional counseling.
___ to pay costs of court in this matter.
___ to pay attorney fees.
___ to pay evaluation fees.
___ to pay expert witness fees.
___ to pay cost of medical and/or psychological care for the petitioner, minor child(ren), and/or alleged
incompetent, necessitated by the domestic violence.
___ to vacate the residence or household, thereby granting petitioner possession thereof.
___ other:
.
PRAYER
WHEREFORE, petitioner prays that service and citation issue herein, and:
(check all that apply)
___ that ex parte orders requested in Paragraph 9 be granted.
___ a rule issue to show cause why protective orders as requested in Paragraph 10 should not be
granted.
___ defendant be cast with costs.
___ defendant be advised of penalties for violating Abuse Prevention Orders.
___ all other equitable relief as the court deems proper and necessary.
Respectfully submitted by,
PETITIONER, IN PROPER PERSON
PLEASE SERVE DEFENDANT:
personally at his/her home or place of employment at the
following address:
or
LPOR B
Page 5 of 7
v.5.1
AFFIDAVIT/VERIFICATION
STATE OF LOUISIANA
PARISH OF
BEFORE ME, the undersigned Notary Public, duly commissioned and qualified in and for the state
and parish aforesaid, personally came and appeared
,
Petitioner in the foregoing Petition for Protection from Abuse, who, after being duly sworn by me, did
depose and say that s/he has read the allegations contained therein and declared them to be true and
correct to the best of her/his knowledge, information, and belief.
Petitioner further said that s/he believes that the defendant poses a threat to petitioner’s safety and/or
to the child(ren) or to others for whom petitioner has requested relief.
Petitioner further said that s/he is aware that any false statement made under oath contained in the
foregoing petition and this affidavit shall constitute perjury and shall be punishable by a fine of not
more than one thousand dollars ($1,000.00), or by imprisonment, with or without hard labor, for not
more than five (5) years, or both.
PETITIONER
SWORN TO AND SUBSCRIBED before me, Notary Public, on the
, 200
day of
, Louisiana.
, at
NOTARY PUBLIC
LPOR B
Page 6 of 7
v.5.1
ADDENDUM
Fill out the following ONLY if directed to do so in Paragraph 6 on page 2 of this petition:
Divorce suit pending between parties:
Suit Name: ________________________________________________________
Suit Number:_______________________ Division: ______________________
Court: ____________________________________________________________
Date of last hearing:______________ Date of next hearing:_________________
Custody suit pending involving children named in this petition:
Suit Name: ________________________________________________________
Involving children (names): ___________________________________________
__________________________________________________________________
Suit Number:_______________________ Division: ______________________
Court: ____________________________________________________________
Date of last hearing:______________ Date of next hearing:_________________
Custody order in effect involving children named in this petition (attach copy if available):
Involving children (names): ___________________________________________
__________________________________________________________________
Date Order Signed by Court: _____________ Division: _____________________
Court: ____________________________________________________________
Custody terms/assignment: ___________________________________________
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________
LPOR B
Page 7 of 7
v.5.1
LOUISIANA UNIFORM ABUSE PREVENTION ORDER
Case No.
Order of Protection
G
G
G
T.R.O.
P.O./Preliminary or Permanent Injunction
Modified P.O./Preliminary or Permanent
Injunction
Court:___________________________________
City/Parish
Louisiana
PETITIONER
First
State
PETITIONER IDENTIFIERS
Middle/Maiden
Last
Petitioner seeks protection for: G self
Date of Birth
G other(s) List other(s) name & date of birth:
__________________________________________
__________________________________________
__________________________________________
__________________________________________
V.
DEFENDANT
DEFENDANT IDENTIFIERS
SEX
First
Middle
RACE
DOB
HT
WT
EYES
HAIR
SOCIAL SECURITY #
Last
Relationship of Protected Person(s) to Defendant:
(check all that apply)
G current or former spouse
G current or former unmarried intimate cohabitant
G child, stepchild, or foster child
G child of defendant’s current or former intimate partner
G current or former dating partner
G parent, stepparent, or foster parent
G grandparent or grandchild
G other: ____________________________________
DRIVERS LICENSE #
STATE
EXP DATE
Defendant’s Address:
_____________________________________
_____________________________________
THE COURT HEREBY FINDS:
That it has jurisdiction over the parties and subject matter, and the defendant has been or will be provided
with reasonable notice and opportunity to be heard.
Additional findings of this court are as set forth below.
THE COURT HEREBY ORDERS:
That the above named defendant be restrained from committing further acts of abuse or threats of abuse.
Additional terms of this order are as set forth on the following pages.
The terms of this order shall be effective until
(mm/dd/yy).
WARNINGS TO DEFENDANT:
This order shall be enforced, even without registration, by the courts of any state, the District of
Columbia, any U.S. Territory, and may be enforced by Tribal Lands (18 U.S.C. Section 2265).
Crossing state, territorial, or tribal boundaries to violate this order may result in federal
imprisonment (18 U.S.C. Section 2262).
Federal law provides penalties for possessing, transporting, shipping, or receiving any firearm or
ammunition (18 U.S.C. Section 922(g)(8)). See further notice on last page of this order.
Only the court can change this order.
LPOR 1
Page 1 of 5
v.5.1
LOUISIANA UNIFORM ABUSE PREVENTION ORDER
DIVISION: ____________
DOCKET NO.__________
FILED: _______________
COURT NAME AND PARISH/CITY:
CLERK: ______________
TEMPORARY RESTRAINING ORDER
Pursuant to:
G La. R. S. 46:2131, et seq. G
La. R.S. 46:2151
G La. Ch. C. Art. 1564, et seq.
PETITIONER’S NAME: __________________________________________________________
First
Maiden/Middle
Sex: G F
Date of Birth ______/______/______
mo./
day
/ yr.
Last
GM
Race: ______________
G On behalf of (name, date of birth, and relationship to petitioner) _________________________
________________________________________________________________________________
V.
DEFENDANT’S NAME: ___________________________________________________________
Alias: ______________ Date of Birth:______/_____/_____ Sex: G F
mo./
day
/ yr.
GM
Race: ______
Address: ________________________________________________________________________
No. & Street
Apt. No.
City
State
Zip Code
Social Security #: _________________ Dr. Lic. # ________________ State ____ Exp. ___/___/___
The protected person(s) is related to the defendant as: (check all that apply)
G current or former spouse
G current or former unmarried intimate cohabitant
G child, stepchild, or foster child
G child of defendant’s current or former intimate partner
G current or former dating partner
G parent, stepparent, or foster parent
G grandparent or grandchild
G other: ______________________
G The protected person and the defendant have a child(ren) in common.
IT IS ORDERED THAT THE DEFENDANT BE SERVED WITH A COPY OF THIS ORDER.
THE COURT FINDS THAT THE ALLEGATIONS PRESENTED CONSTITUTE AN
IMMEDIATE AND PRESENT DANGER OF ABUSE, THAT THE PETITIONER HAS GOOD
AND REASONABLE GROUNDS TO FEAR FOR HER/HIS SAFETY OR THAT OF A CHILD
OR ALLEGED INCOMPETENT, THUS THE COURT ISSUES THE FOLLOWING ORDERS,
WITHOUT A HEARING: (only orders checked and initialed shall apply)
____
G 1. THE DEFENDANT IS ORDERED NOT TO abuse, harass, stalk, follow, or threaten the
protected person(s) in any manner whatsoever. This prohibition includes the use, attempted
use, or threatened use of force or physical violence that would reasonably be expected to
cause bodily injury.
____
G 2. THE DEFENDANT IS ORDERED NOT TO contact the protected person(s) personally,
electronically, by phone, in writing, or through a third party, without the express written
permission of this court.
____
G 3. THE DEFENDANT IS ORDERED NOT TO go within one hundred (100) yards of the
residence, apartment complex, or multiple family dwelling of the protected person(s) located
at:
_________________________________________________________________________
No. & Street
Apt. No.
City
State
Zip Code
LPOR 1
Page 2 of 5
v.5.1
Docket No. ________________
____
G 4. THE DEFENDANT IS ORDERED TO STAY AWAY from protected person(s)’ place of
employment/school and not to interfere in any manner with such employment/school located
at:
__________________________________________________________________________
Employment/School
Address
City
State
Zip Code
__________________________________________________________________________
Employment/School
____
Address
City
State
Zip Code
G 5. THE COURT GRANTS THE PETITIONER or protected person(s) the use of the residence
located at:
__________________________________________________________________________
No. & Street
Apt. No.
City
State
Zip Code
to the exclusion of defendant by evicting defendant. The Court orders the defendant to
surrender any keys to that residence to the petitioner.
________________________ (law enforcement agency) is ordered to evict the defendant.
____
G 6. THE COURT GRANTS THE PETITIONER or protected person(s) the use and possession
of the following property:
____
G 7. THE COURT ORDERS a representative of _________________________(law enforcement
agency) to accompany petitioner to obtain property listed in Order No. 6 above.
____
G 8. THE COURT PROHIBITS EITHER PARTY from transferring, encumbering, or otherwise
disposing of property jointly owned or leased, except in the normal course of business or
that which is necessary for the support of the petitioner and/or the minor child(ren).
____
G 9. THE DEFENDANT IS ORDERED NOT TO damage any belongings of the protected
person(s), not to shut off any utilities, telephone service, or mail delivery to the protected
person(s) or in any way interfere with the living conditions of the protected person(s).
____
G10. THE COURT GRANTS TEMPORARY CUSTODY of the following child(ren) or alleged
incompetent to the petitioner: (name, date of birth, and relationship to petitioner)
____
G11. THE COURT ORDERS a representative of _______________________ (law enforcement
agency) to accompany petitioner to where the minor child(ren) or alleged incompetent
mentioned in paragraph above is/are currently, and to effect petitioner obtaining physical
custody of said child(ren) or alleged incompetent.
____
G12. THE DEFENDANT IS ORDERED NOT TO interfere with the physical custody of the
minor child(ren) or alleged incompetent.
LPOR 1
Page 3 of 5
v.5.1
Docket No. ________________
____
G13. THE COURT WILL allow ___________________________________ to return to the
residence at a date and time to be agreed upon by petitioner and law enforcement agency to
recover his/her personal clothing and necessities, provided that s/he is accompanied by a law
enforcement officer to ensure the protection and safety of the parties. NO FORCED
ENTRY ALLOWED.
____
G14. THE COURT ORDERS a representative of ______________________________ (law
enforcement agency) to accompany _____________________________ to the residence
located at _____________________ to recover her/his personal clothing and necessities.
____
G15. THE COURT ORDERS THE DEFENDANT to show cause on the below hearing date why
s/he should not be ordered to pay child support and/or spousal support (alimony) pursuant to
Louisiana Law. The court further orders the defendant to produce at the hearing: most
recent income tax returns, AND pay stubs or an employer statement documenting
gross income to date for the CURRENT year. If the defendant is self-employed,
income and expense statements shall be produced.
____
G16. THE COURT ORDERS THE DEFENDANT to show cause on the below hearing date why
s/he should not be ordered to pay the following:
G all court costs
G attorney fees
G evaluation fees
G expert witness fees
G cost of medical and/or psychological care for the petitioner, the minor
child(ren), and/or alleged incompetent, necessitated by the domestic violence
____
G17. THE COURT ORDERS THE DEFENDANT to show cause on the below hearing date why
s/he should not be ordered to seek professional counseling.
____
G18. THE COURT ORDERS THE DEFENDANT to show cause on the below hearing date why
s/he should not be evicted from the solely owned residence or household and the petitioner
granted possession.
____
G19. Other:
___ G IT IS FURTHER ORDERED that defendant show cause on the
, 200
, at
o’clock ___. M. in Courtroom No.
Court, located at
day of
of the
, in
, La., why above Temporary Restraining Order and other
relief requested should not be made Protective Orders.
Date of Order
Time of
Order
Expiration Date
of Order
___/____/____
_________
___/____/____
mo./ day /yr.
GAM GPM
mo./ day /yr.
___________________________________
SIGNATURE OF JUDGE
___________________________________
PRINT OR STAMP JUDGE’S NAME
LPOR 1
Page 4 of 5
v.5.1
Docket No. ________________
NOTICE: C.C.P. Art. 3603.1 - Any person against whom such an order is issued shall be entitled to a
court-appointed attorney if the applicant has likewise been afforded a court-appointed attorney.
NOTICE TO DEFENDANT:
PURSUANT TO LA. R.S. 14:79, A PERSON WHO VIOLATES THIS ORDER MAY BE
ARRESTED, JAILED, AND PROSECUTED.
PURSUANT TO LA. R.S. 46:2137 AND LA. CH. C. ART. 1571, A PERSON WHO VIOLATES
THIS ORDER MAY BE PUNISHED FOR CONTEMPT OF COURT BY A FINE OF NOT
MORE THAN $500 OR BY CONFINEMENT IN JAIL FOR AS LONG AS 6 MONTHS, OR
BOTH, AND MAY BE FURTHER PUNISHED UNDER CRIMINAL LAWS OF THE STATE
OF LOUISIANA. THIS ORDER SHALL BE ENFORCED BY ALL LAW ENFORCEMENT
OFFICERS AND COURTS OF THE STATE OF LOUISIANA.
_____________________________________________________
PURSUANT TO 18 U.S.C. § 922 [g][8], AFTER NOTICE AND OPPORTUNITY FOR A
HEARING, THE DEFENDANT IN A PROTECTIVE ORDER THAT EITHER INCLUDES A
FINDING BY THE JUDGE OR BY ITS TERMS EXPLICITLY PROHIBITS CERTAIN
BEHAVIOR MAY BE PROHIBITED FROM RECEIVING, POSSESSING, OR
TRANSPORTING FIREARMS OR AMMUNITION FOR THE DURATION OF THE ORDER
IF THE PROTECTED PERSON(S) IS RELATED TO THE DEFENDANT AS A CURRENT
OR FORMER SPOUSE, CURRENT OR FORMER COHABITING INTIMATE PARTNER,
HAS A CHILD IN COMMON WITH THE DEFENDANT, OR IS THE CHILD OF
DEFENDANT’S CURRENT OR FORMER INTIMATE PARTNER.
FULL FAITH AND CREDIT pursuant to 18 U.S.C. § 2265
The issuing court certifies that it had jurisdiction over the parties and the subject matter under the laws
of the State of Louisiana, and although the order was issued ex parte, the court has ordered that the
defendant be given reasonable notice and an opportunity to be heard within the time required by the
laws of the State of Louisiana.
THIS ORDER SHALL BE PRESUMED TO BE VALID AND ENFORCEABLE IN ALL 50
STATES, THE DISTRICT OF COLUMBIA, TRIBAL LANDS, U.S. TERRITORIES, AND
COMMONWEALTHS.
SIGNATURE OF JUDGE
G DEFENDANT WAS SERVED AT CLOSE OF HEARING.
Date ________________________
G FAXED
G MAILED
Clerk _______________________________
TO LOUISIANA PROTECTIVE ORDER REGISTRY
Date _________________________
Clerk _______________________________
Copies to: 1) Court file 2) Petitioner 3) Defendant 4) Chief Law Enforcement Official of the parish
where the protected person resides 5) Louisiana Protective Order Registry.
LPOR 1
Page 5 of 5
v.5.1
LOUISIANA UNIFORM ABUSE PREVENTION ORDER
Case No.
Order of Protection
G
G
G
Court:___________________________________
City/Parish
T.R.O.
P.O./Preliminary or Permanent Injunction
Modified P.O./Preliminary or Permanent
Injunction
Louisiana
PETITIONER
First
State
PETITIONER IDENTIFIERS
Middle/Maiden
Last
Petitioner seeks protection for: G self
Date of Birth
G other(s) List other(s) name & date of birth:
__________________________________________
__________________________________________
____________________________________________
____________________________________________
V.
DEFENDANT
DEFENDANT IDENTIFIERS
SEX
First
Middle
RACE
DOB
HT
WT
EYES
HAIR
SOCIAL SECURITY #
Last
Relationship of Protected Person(s) to Defendant:
(check all that apply)
G current or former spouse
G current or former unmarried intimate cohabitant
G child, stepchild, or foster child
G child of defendant’s current or former intimate partner
G current or former dating partner
G parent, stepparent, or foster parent
G grandparent or grandchild
G other: ______________________________________
DRIVERS LICENSE #
STATE
EXP DATE
Defendant’s Address:
_____________________________________
_____________________________________
THE COURT HEREBY FINDS:
That it has jurisdiction over the parties and subject matter, and the defendant has been or will be provided
with reasonable notice and opportunity to be heard.
Additional findings of this court are as set forth below.
THE COURT HEREBY ORDERS:
That the above named defendant be restrained from committing further acts of abuse or threats of abuse.
Additional terms of this order are as set forth on the following pages.
The terms of this order shall be effective until
(mm/dd/yy).
WARNINGS TO DEFENDANT:
This order shall be enforced, even without registration, by the courts of any state, the District of
Columbia, any U.S. Territory, and may be enforced by Tribal Lands (18 U.S.C. Section 2265).
Crossing state, territorial, or tribal boundaries to violate this order may result in federal
imprisonment (18 U.S.C. Section 2262).
Federal law provides penalties for possessing, transporting, shipping, or receiving any firearm or
ammunition (18 U.S.C. Section 922(g)(8)). See further notice on last page of this order.
Only the court can change this order.
Page 1 of 5
LPOR 3
v.5.1
LOUISIANA UNIFORM ABUSE PREVENTION ORDER
DIVISION: ____________
Pursuant to:
DOCKET NO.__________
FILED: _______________
COURT NAME AND
PARISH/CITY:
CLERK:_______________
PROTECTIVE ORDER
G La. R. S. 46:2131, et seq. G La. R.S. 46:2151 G La. Ch. C. Art. 1564, et seq.
G Court Approved Consent Agreement
PETITIONER’S NAME: ___________________________________________________
First
Maiden/Middle
Sex: G F
Date of Birth ______/______/______
mo./ day
/ yr.
Last
GM
Race: _____________
G On behalf of (name, date of birth, and relationship to petitioner) ___________________
__________________________________________________________________________
V.
DEFENDANT’S NAME: ____________________________________________________
Alias:______________ Date of Birth: ___/____/____
mo./ day / yr.
Sex: G F
G M Race:_____
Address:___________________________________________________________________
No. & Street
Apt. No.
City
State
Zip Code
Social Security #: _________________ Dr. Lic. #_______________ State ____ Exp. ___/___/___
The protected person(s) is related to the defendant as: (check all that apply)
G current or former spouse
G current or former unmarried intimate cohabitant
G child, stepchild, or foster child
G child of defendant’s current or former intimate partner
G current or former dating partner
G parent, stepparent, or foster parent
G grandparent or grandchild
G other: ______________________
G The protected person and the defendant have a child(ren) in common.
IT IS ORDERED THAT THE DEFENDANT BE SERVED WITH A COPY OF THIS ORDER.
THIS ORDER WAS ISSUED AFTER A HEARING, OF WHICH THE DEFENDANT HAD ACTUAL
NOTICE AND AN OPPORTUNITY TO PARTICIPATE. THE COURT FINDS THAT THE
ALLEGATIONS PRESENTED CONSTITUTE AN IMMEDIATE AND PRESENT DANGER OF ABUSE,
THAT THE PETITIONER HAS GOOD AND REASONABLE GROUNDS TO FEAR FOR HER/HIS
SAFETY OR THAT OF A CHILD OR ALLEGED INCOMPETENT, THUS THE COURT ISSUES THE
FOLLOWING ORDERS: (only orders checked and initialed shall apply)
____
G 1. THE DEFENDANT IS ORDERED NOT TO abuse, harass, stalk, follow, or threaten the
protected person(s) in any manner whatsoever. This prohibition includes the use, attempted
use, or threatened use of force or physical violence that would reasonably be expected to
cause bodily injury.
____
G 2. THE DEFENDANT IS ORDERED NOT TO contact the protected person(s) personally,
electronically, by phone, in writing, or through a third party, without the express written
permission of this court.
____
G 3. THE DEFENDANT IS ORDERED NOT TO go within one hundred (100) yards of the
residence, apartment complex, or multiple family dwelling of the protected person(s)
located at:
_________________________________________________________________
No. & Street
Apt. No.
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City
State
Zip Code
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Docket No. _______________
____
G 4. THE DEFENDANT IS ORDERED TO STAY AWAY from the protected person(s)’ place
of employment/school and not to interfere in any manner with such employment/school
located at:
_________________________________________________________________________
Employment/School
Address
City
State
Zip Code
_________________________________________________________________________
Employment/School
____
Address
City
State
Zip Code
G 5. THE COURT GRANTS THE PETITIONER or protected person(s) the use of the residence
located at:
_________________________________________________________________________
No. & Street
Apt. No.
City
State
Zip Code
to the exclusion of defendant by evicting defendant. The Court orders the defendant to
surrender any keys to that residence to the petitioner.
______________________________ (law enforcement agency) is ordered to evict the
defendant.
____
G 6. THE COURT GRANTS THE PETITIONER or protected person(s) the use and possession
of the following property:
____
G 7. THE COURT ORDERS a representative of _______________________________ (law
enforcement agency) to accompany petitioner to obtain property listed in Order No. 6
above.
____
G 8. THE COURT PROHIBITS EITHER PARTY from transferring, encumbering, or other-
wise disposing of property jointly owned or leased, except in the normal course of business
or that which is necessary for the support of the petitioner and/or the minor child(ren).
____
G 9. THE DEFENDANT IS ORDERED NOT TO damage any belongings of the protected
person(s), not to shut off any utilities, telephone service, or mail delivery to the protected
person(s), or in any way interfere with the living conditions of the protected person(s).
____
G 10. THE COURT GRANTS TEMPORARY CUSTODY of the following child(ren) or alleged
incompetent to the petitioner: (name, date of birth, and relationship to petitioner)
____
G 11. THE COURT ORDERS a representative of _______________________ (law enforcement
agency) to accompany petitioner to where the minor child(ren) or alleged incompetent
mentioned in paragraph above is/are currently, and to effect petitioner obtaining physical
custody of said child(ren) or alleged incompetent.
____
G 12. THE COURT GRANTS defendant visitation with the minor child(ren) or alleged
incompetent as follows:
Exchange of child(ren) or alleged incompetent is to be effected as follows: _____________
_________________________________________________________________________
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G 13. THE DEFENDANT IS ORDERED NOT TO interfere with the physical custody of the
minor child(ren) or alleged incompetent.
____
G 14. THE COURT WILL allow ___________________________________ to return to the
residence at a date and time to be agreed upon by petitioner and law enforcement agency to
recover his/her personal clothing and necessities, provided that s/he is accompanied by a
law enforcement officer to ensure the protection and safety of the parties. NO FORCED
ENTRY ALLOWED.
____
G 15. THE COURT ORDERS a representative of _______________________ (law enforcement
agency) to accompany ___________________________ to the residence located at
__________________________ to recover her/his personal clothing and necessities.
____
G 16. THE COURT ORDERS THE DEFENDANT TO PAY SUPPORT for
G the petitioner at the rate of $______________ per G week G month
beginning _____________________, 200___,
G the child(ren) at the rate of $______________ per G week G month
beginning _____________________, 200___, G directly to the petitioner
G other: ______________________________________________________________
____
G 17. THE COURT ORDERS THE DEFENDANT to pay:
G all court costs
G attorney fees
G expert witness fees
G evaluation fees
G cost of medical and/or psychological care for the
petitioner, the minor child(ren), and/or the alleged
incompetent, necessitated by the domestic violence
____
G 18. THE COURT ORDERS THE DEFENDANT to seek professional counseling.
____
G 19. Other:
Date of Order
Expiration Date
of Order
_______________________________
SIGNATURE OF JUDGE
___/____/____
mo./ day /yr.
___/____/____
mo./ day /yr.
_______________________________
PRINT OR STAMP JUDGE’S NAME
NOTICE: C.C.P. Art. 3603.1 - Any person against whom such an order is issued shall be entitled to a
court-appointed attorney if the applicant has likewise been afforded a court-appointed attorney.
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Docket No. _______________
NOTICE TO DEFENDANT:
PURSUANT TO LA. R.S. 14:79, A PERSON WHO VIOLATES THIS ORDER MAY BE
ARRESTED, JAILED, AND PROSECUTED.
PURSUANT TO LA. R.S. 46:2137 AND LA. CH. C. ART. 1571, A PERSON WHO VIOLATES
THIS ORDER MAY BE PUNISHED FOR CONTEMPT OF COURT BY A FINE OF NOT
MORE THAN $500 OR BY CONFINEMENT IN JAIL FOR AS LONG AS 6 MONTHS, OR
BOTH, AND MAY BE FURTHER PUNISHED UNDER CRIMINAL LAWS OF THE STATE
OF LOUISIANA. THIS ORDER SHALL BE ENFORCED BY ALL LAW ENFORCEMENT
OFFICERS AND COURTS OF THE STATE OF LOUISIANA.
_____________________________________________________
PURSUANT TO 18 U.S.C. § 922 [g][8], THE DEFENDANT IN A PROTECTIVE ORDER
THAT EITHER INCLUDES A FINDING BY THE JUDGE OR BY ITS TERMS EXPLICITLY
PROHIBITS CERTAIN BEHAVIOR IS PROHIBITED FROM RECEIVING, POSSESSING,
OR TRANSPORTING FIREARMS OR AMMUNITION FOR THE DURATION OF THE
ORDER IF THE PROTECTED PERSON(S) IS RELATED TO THE DEFENDANT AS A
CURRENT OR FORMER SPOUSE, CURRENT OR FORMER COHABITING INTIMATE
PARTNER, HAS A CHILD IN COMMON WITH THE DEFENDANT, OR IS THE CHILD OF
DEFENDANT’S CURRENT OR FORMER INTIMATE PARTNER.
FULL FAITH AND CREDIT pursuant to 18 U.S.C. § 2265
The issuing court certifies that it had jurisdiction over the parties and the subject matter under the laws
of the State of Louisiana, and the defendant was given reasonable notice and opportunity to be heard
sufficient to protect the defendant’s right to due process before this order was issued.
THIS ORDER SHALL BE PRESUMED TO BE VALID AND ENFORCEABLE IN ALL 50
STATES, THE DISTRICT OF COLUMBIA, TRIBAL LANDS, U.S. TERRITORIES, AND
COMMONWEALTHS.
SIGNATURE OF JUDGE
PETITIONER
DEFENDANT
G DEFENDANT WAS SERVED AT CLOSE OF HEARING.
Date _________________________
G FAXED
G MAILED
Clerk _______________________________
TO LOUISIANA PROTECTIVE ORDER REGISTRY
Date _________________________
Clerk _______________________________
Copies to: 1) Court file 2) Petitioner 3) Defendant 4) Chief Law Enforcement Official of the parish where
the protected person resides 5) Louisiana Protective Order Registry.
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