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Petition For Temporary Restraining Order Form. This is a Louisiana form and can be use in General Court Statewide.
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Tags: Petition For Temporary Restraining Order, LPOR O, Louisiana Statewide, General Court
COURT
PETITIONER
PARISH/CITY OF
STATE OF LOUISIANA
V.
DIVISION:
FILED:
DEFENDANT
NUMBER:
CLERK:
PETITION FOR TEMPORARY RESTRAINING ORDER, PRELIMINARY
AND PERMANENT INJUNCTION
Pursuant to La. Code of Civil Procedure Article 3601, et seq.
This petition is:
G Initial Petition
G Supplemental and Amending Petition
The petition of ____________________________________, born ______________________,
your name
month, day, year
a resident of the full age of majority of the Parish/City of ________________________, 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’s current address:
No. & Street
Apt. No.
City
b.
State
Zip Code
____ The minor child(ren)’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
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Paragraph 4
This Court is the proper venue for this action because:
The defendant is domiciled in
Parish/city.
The behavior sought to be enjoined is likely to occur in
Parish/city.
Other:
Paragraph 5
The protected person(s) is related to the defendant as: (check all that apply)
___
___
___
___
Current or former spouse
Current or former unmarried intimate
cohabitant
Child, stepchild, or foster child
Child of defendant’s current or former
intimate partner
___
___
___
___
Current or former dating partner
Parent, stepparent, or foster parent
Grandparent or grandchild
Other:
Paragraph 6
Defendant has abused and/or harassed protected person(s) and protected person(s) fears for her/his safety and
believes that irreparable injury, loss, or damage may otherwise result to protected person(s) if defendant is not
prohibited from committing certain acts through the rendition of a temporary restraining order, without notice,
and thereafter a preliminary and permanent injunction to the same effect.
Paragraph 7
a.
Defendant abused protected person(s) in the following manner:
___
___
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)
___
___
Kicked protected person(s)
Abused petitioner’s child(ren) or
alleged incompetent
Other:
___
b.
Slapped protected person(s)
Stalked protected person(s)
___
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
day of
,
, at which time the defendant did
Past incidents:
LPOR O
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Paragraph 8
Because of the immediate and present danger of abuse, petitioner requests that an ex parte Temporary
Restraining Order be issued immediately without prior notice:
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
d.
Apt. No.
City
State
Zip Code
____ 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
____ 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).
Paragraph 9
Petitioner desires that a Rule Nisi issue herein ordering defendant to show cause why the temporary
restraining order requested in Paragraph 8 should not be made a preliminary injunction and thereafter
a permanent injunction and further why defendant should not be ordered to pay all costs of court in
this matter.
PRAYER
WHEREFORE, petitioner prays that service and citation issue herein, and: (check all that apply)
___ that ex parte temporary restraining order requested in Paragraph 8 be granted.
___ a rule issue to show cause why a preliminary injunction and thereafter a permanent injunction
as requested in Paragraph 9 should not be granted.
LPOR O
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___ 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
________________________________
Street Address
Apt. No.
_______________________________________
City
State
Zip Code
______________________________________
Telephone No.
PLEASE SERVE DEFENDANT:
personally at his/her home or place of employment at
the following address:
or
LPOR O
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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 Temporary Restraining Order, Preliminary and
Permanent Injunction, 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 or to others for whom petitioner has requested relief.
Petitioner further said that s/he believes that prior notice should not be required before the
court issues the Temporary Restraining Order requested because defendant may further abuse
and/or harass petitioner or person on whose behalf this petition is brought before a hearing
can be had and an order issued by the court; further, petitioner believes that irreparable
injury, loss, or damage will result to her/him or person on whose behalf this petition is
brought before defendant can be heard in opposition to petitioner’s request.
Petitioner further said that s/he is aware that any false statement made under oath contained
in the foregoing petition and this affidavit may constitute perjury.
PETITIONER
SWORN TO AND SUBSCRIBED before me, Notary Public, on the
, 20___, at
day of
, Louisiana.
NOTARY PUBLIC
LPOR O
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