LOUISIANA LEGAL SERVICES AND PRO BONO DESK MANUAL 2013

DOMESTIC VIOLENCE
unrealistic expectations about victims’ normal reactions to abuse.
The fact that a victim has engaged in physical resistance or even
retaliatory violence against a predominant aggressor is rarely an
appropriate justification for a mutual protective order if the victim
poses no future risk of harm to an abuser. For further discussion,
see part supra, “Can the court order mutual protective orders?”
4.3 OTHER OPTIONS FOR PERMAMENT PROTECTIVE ORDERS AND
OTHER TYPES OF INJUNCTIONS
The requirements and features of the other primary civil protective and
restraining orders are set forth below.
4.3.1 Post-Separation Family Violence Relief Act Injunction, LA. REV. STAT.
ANN. § 9:362
a. Overview.
Petitioners can seek protective orders under this statute if (1) the parties
have a child in common, and (2) the petitioner proves family violence.
The statute requires that in all “family violence cases,” all court orders
include an injunction in favor of the abused party or child. 149 This Act allows
victims to request permanent injunctions against abuse. The terms of those
injunctions are set out by Revised Statute section 9:362(4), and include more
restrictive provisions on contact than many injunctions entered under either
the Protection from Family Violence Act statutes (title 46) or Injunctions
Ancillary to Divorce. For this reason, many victims seek a permanent injunction
under this Act as part of their divorce or custody judgment.
b. Available Relief.
An injunction under this statute includes the following relief, as defined
by Rev. Stat. § 9:362(4):
• Prohibit contact with abused parent or children except for contact
expressly allowed for specific and limited purposes relating to the welfare
of the children.
• Bar abuser from going within 50 yards of home, school, employment or
person of abused parent and children.
• Bar abuser from going within 50 feet of automobile of abused parent
and children.
The Post Separation Family Violence Relief Act includes many additional
and important protections to victims and their children. See discussion
infra.
c. Duration of Injunctions.
The rules for civil injunctions in the Louisiana Code of Civil Procedure
govern. 150 Normally, a temporary restraining order lasts for two to ten days
and may, at any time before its expiration, be extended for good cause for up
149
LA. REV. STAT. ANN. §9:366.
150
A plaintiff eligible for relief under LA. REV. STAT. ANN. §§ 9: 361-369 should also be eligible for relief under title 46:
2131-2143. See LA. REV. STAT. ANN. § 46:2139.
(183)