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If you want to withdraw your order, you would file a request for withdrawal. Only a judge can withdraw or cancel an order. If you want a final order to last longer, you may go back to court and ask a judge to extend your order by filing a request for an extension.
Although anyone can ask the court to issue an order restraining someone else in order to prevent behavior that is potentially harmful, only those orders issued to prevent domestic abuse, dating violence, stalking or sexual assault are included in the Louisiana Protective Order Registry.
If a person violates a protective order more than once, the offense is considered a felony. The offender may face up to two years in prison, a fine of up to $2,000, or both if convicted. Additionally, the offender may be required to complete a domestic violence intervention program.
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.
It will be the petitioner's burden to prove beyond a reasonable doubt that the defendant committed these behaviors in violation of the court order. In addition, the battered woman may call law enforcement and file charges against the defendant for the crime of "violation of a protective order" (see R.S. ).
.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 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.
A criminal order of protection is a court order that prevents the abuser from coming near the victim. There may be conditions of release, bail restrictions, sentencing orders, probation terms, or parole terms included in this order, depending on the stage in the court process at which the order is issued.