TEMPORARY RESTRAINING ORDERS AND INJUNCTIVE RELIEF

Irreparable Injury/Damage- An injunction shall be issued in cases where irreparable injury, loss, or damage otherwise result to the applicant.  During the pendency of an action for an inunction the court may issue a temporary restraining order, a preliminary injunction, or both. An application for injunctive relief shall be by petition. 

Notice- A temporary restraining order shall be granted without notice when it clearly appears from the facts in a verified petition (or supporting affidavit) that immediate and irreparable injury, loss, or damage will result to the applicant before the adverse party or his attorney can be heard in opposition, and the applicant’s attorney certifies to the court in writing the efforts which have been made to give the notice or the reasons supporting his claim that notices should not be required.

Domestic Violence- No temporary restraining order or preliminary injunction prohibiting a spouse or other person from harming or going near or in the proximity of another shall issue unless the complainant has good and reasonable grounds to fear for his or her safety or that of the children or the complainant has in the past been the victim of domestic abuse by the other spouse.

LPOR Forms- When the complainant is seeking protection from domestic abuse, stalking, or sexual assault, they should use forms form making application for protective orders.  The clerk of court can also provide clerical assistance, provide the necessary forms, and provide a notary where available for completion of the petition.


Describe the Acts in Detail- An order granting either a preliminary or final injunction or a temporary restraining order shall describe in reasonable detail, and not by mere reference to the petition or other documents, the act or acts sought to be restrained.  The order is effective against the party restrained from the time the party receives actual knowledge of the order by personal service or otherwise.


Appear at Hearing- When a temporary restraining order is granted, the preliminary injunction shall be assigned for hearing at the earliest possible time.  The party who obtains a temporary restraining order shall proceed with the application for a preliminary injunction when it comes on for hearing.  If the mover fails to do so, the court shall dissolve the temporary restraining order.


Protective Order Registry- If a permanent injunction prohibiting a person from harming a family or household member or dating partner is issued, the Judge shall prepare a Uniform Abuse Prevention Order and it shall be filed to the Protective Order Registry.  (The law C.C.P. Art. 3607.1 says the LPOR forms should be submitted for the temporary restraining order and preliminary injunction also, but it seems that the courts in the Lafayette area wait until the Restraining Order is issued after hearing before they send off for the registry and require offenders to release their firearms.)

 

FOLLOW

  • Facebook
  • LinkedIn
  • Twitter
  • Instagram

CONTACT

office: 337-233-3616 / cell: 337-258-4491

ADDRESS

321 W Main St., Ste. 1-A
Lafayette, LA 70501

©2019 BY CLAIRE BERGERON, ATTORNEY AT LAW, LLC