A Louisiana Petition for Protection From Abuse, In Re convention (pursuant to La. Ch. C. Art. 1564 et seq.) is a legal document filed in a Louisiana court. It is used by a victim of abuse to seek protection from the abuser. It may be used to seek an injunction (court order) from the court that prohibits the abuser from engaging in any further abuse. The injunction may include an order for the abuser to stay away from the victim. The petition is typically filed in response to a petition for protection from abuse (sometimes called a restraining order) the abuser has filed against the victim. The victim may file a reconventional petition for protection from abuse in order to counter the abuser’s petition and to obtain a restraining order of their own. The Louisiana Petition for Protection From Abuse, In Re convention (pursuant to La. Ch. C. Art. 1564 et seq.) is one of two types of petitions for protection from abuse in Louisiana. The other type is a Petition for Protection from Abuse (pursuant to La. Ch. C. Art. 1567 et seq.). The two types of petitions are very similar, but the Petition for Protection from Abuse in Re convention is more specific and is used when the abuser has already filed a petition for protection from abuse against the victim.
Louisiana Petition for Protection From Abuse, In Reconvention (pursuant to La. Ch. C. Art. 1564 et seq.)
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FAQ
Louisiana Laws - Louisiana State Legislature. A. Upon good cause shown in an ex parte proceeding, the court may enter a temporary restraining order, without bond, as it deems necessary to protect from abuse the petitioner, any children, or any person alleged to be an incompetent.
.1, 95.1. 3, or 95.10. B. (1) On a first conviction for violation of protective orders, except as provided in Subsection C of this Section, the offender shall be fined not more than five hundred dollars or imprisoned for not more than six months, or both.
The crime of Violation of Protective Orders in Louisiana is a serious offense that may be a misdemeanor or a felony, depending on the alleged facts. Whether it is a misdemeanor or felony, it may require mandatory jail time. An experienced defense attorney in this area is necessary.
How do I get a protective order dropped in Louisiana? If you want to drop your restraining order, you need to go back to the court that issued your order and fill out a request (motion) to dismiss the order. You may have to talk to the judge and tell him/her why you want to drop the restraining order.
(2) Justices of the peace may punish a person adjudged guilty of a direct contempt of court by a fine of not more than fifty dollars, or imprisonment in the parish jail for not more than twenty-four hours, or both.
After a full court hearing, a judge can issue a protective order. A protective order can generally last up to 18 months, and can later be renewed after a hearing in front of a judge.
The cost to file a request for restraining order is $148.50. If you are unable to pay the cost, you may fill out a Motion to Proceed In Forma Pauperis. You can obtain this form from the Civil Division Office in Room 251 or by calling 389-3017.
You may face consequences for violating the terms of a Louisiana protective order whether or not physical harm toward the victim occurred. A first conviction of violating a protective order with no battery to the protected person can result in a fine of up to $500, incarceration for up to 6 months, or both.
