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Prepared by Julie J. Baxter.
A. Williams HB No. 338
(KEYWORD, SUMMARY, AND DIGEST as amended by Senate committee
amendments)
CIVIL/RESTRAINING ORDER. Provides relative to the effective period of a
temporary restraining order under certain circumstances
DIGEST
Present law provides that a temporary restraining order issued in conjunction with a rule to
show cause for a protective order filed in an action pursuant to the Protection from Family
Violence Act, R.S. 46:2121 et seq., and pursuant to the Protection from Dating Violence Act,
R.S. 46:2151, shall remain in force until a hearing is held on the rule for the protective order
or for 30 days, whichever occurs first. Further provides that if the initial rule to show cause
is heard by a hearing officer, the temporary restraining order shall remain in force for 15 days
after the hearing or until the judge signs the protective order, whichever occurs last. Further
provides that at any time before the expiration of a temporary restraining order issued
pursuant to present law, it may be extended by the court for a period not exceeding 30 days.
Proposed law retains present law and adds that in the event that the hearing on the rule for
the protective order is continued by the court because of a declared state of emergency made
in accordance with present law, any temporary restraining order issued in the matter shall
remain in force for five days after the date of conclusion of the state of emergency. Further
provides that when a temporary restraining order remains in force under proposed law, the
court shall reassign the rule for a protective order for hearing at the earliest possible time, but
no later than five days after the date of conclusion of the state of emergency. Further
provides that the reassignment of the rule shall take precedence over all matters except older
matters of the same character.
Present law authorizes the issuance of a temporary restraining order effective for a specific
period of time during the pendency of an action for a preliminary injunction.
Proposed law retains present law and provides that in the event that the hearing on the
issuance of a preliminary injunction is continued by the court because of a declared state of
emergency, any temporary restraining order issued in the matter shall remain in force for five
days after the conclusion of the state of emergency. Further provides that when a temporary
restraining order remains in force under proposed law, the court shall reassign the application
for a preliminary injunction for hearing at the earliest possible time, but no later than five
days after the conclusion of the state of emergency. Further provides that the reassignment
of the application shall take precedence over all matters except older matters.
(Amends C.C.P. Arts. 3604 and 3606)
Summary of Amendments Adopted by House
Committee Amendments Proposed by House Committee on Civil Law and Procedure to
the original bill.
1. Specified that the temporary restraining order will remain in force for five days
after the issuance of the executive order declaring the state of emergency, and
requires the hearing to be reset within the same five days. Further required the
resetting to take precedence over other matters and required the court to dissolve
the temporary restraining order if the party who obtained the restraining order
does not proceed with the application on the date the matter is reset. Page 2 of 2
Prepared by Julie J. Baxter.
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Judiciary A to the engrossed
bill
1. Adds that, in the case of a temporary restraining order issued in conjunction with
a rule to show cause for a protective order filed in an action pursuant to the
Protection from Family Violence Act or pursuant to the Protection from Dating
Violence Act, when the hearing on the rule for the protective order is continued
by the court because of a declared state of emergency, any temporary restraining
order issued in the matter shall remain in force for five days after the date of
conclusion of the state of emergency.
2. Adds that when a temporary restraining order issued in conjunction with a rule
to show cause for a protective order filed in an action pursuant to the Protection
from Family Violence Act or pursuant to the Protection from Dating Violence
Act remains in force, the court shall reassign the rule for a protective order for
hearing at the earliest possible time, but no later than five days after the date of
conclusion of the state of emergency. Further adds that the reassignment of the
rule shall take precedence over all matters except older matters of the same
character.
3. Changes language providing that, when a hearing on the issuance of a preliminary
injunction is continued by the court because of a declared state of emergency, any
temporary restraining order issued in the matter shall remain in force for five days
after the conclusion of the state of emergency, rather than for five days after the
date of issuance of the executive order.
4. Changes that when a temporary restraining order remains in force because the
hearing on the issuance of a preliminary injunction is continued by the court
because of a declared state of emergency, then the court shall reassign the
application for a preliminary injunction for hearing at the earliest possible time,
but no later than five days after the conclusion of the state of emergency, rather
than five days after the date of issuance of the executive order declaring the state
of emergency.
5. Deletes language providing that the party who obtains a temporary restraining
order shall proceed with the application for a preliminary injunction when it
comes on for hearing, and that upon his failure to do so the court shall dissolve
the temporary restraining order.