Louisiana Protective Order - Civil Trial

State:
Multi-State
Control #:
US-PI-0048
Format:
Word; 
Rich Text
Instant download

Description

This form is a sample protective order for use in a personal injury action requiring the parties to maintain the confidentiality of certain information.
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How to fill out Protective Order - Civil Trial?

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FAQ

After you file the motion, the court will decide whether or not to schedule a hearing. If the court schedules a hearing and grants the motion, the protection order will become immediately void and unenforceable. A protection order can only be dissolved by the court.

Typically, either the victim or the defendant can ask the court to lift the restraining order. This is usually completed by filing a motion with the court, such as a Motion to Modify Conditions of Pretrial Release or a Motion to Lift Restraining Order. This legal motion must usually identify the parties.

A domestic violence protective order remains in effect until 1 of 3 things happen: (1) the charges are dropped by the prosecutor (called a nolle), (2) the charges are dismissed by the Court at trial; or (3) the court grants a motion for modification of the protective order prior to the conclusion of your case.

The cost to file a request for restraining order is $148.50.

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.

The judge may issue you a temporary restraining order without the abuser present (ex parte) if there is ?good cause? to do so. Proving that you are the victim of sexual assault is considered to be ?good cause? to grant this ex parte order.

Either party may at any time file a written motion with the court requesting a hearing to dissolve or modify the order. Proceedings to modify or dissolve a protective order shall be given precedence on the docket of the court.

If a temporary restraining order is granted without notice, the matter shall be set within twenty-one days for a rule to show cause why the protective order should not be issued, at which time the petitioner must prove the allegations of abuse by a preponderance of the evidence.

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Louisiana Protective Order - Civil Trial