A. Williams (HB 338) Act No. 618
Existing law authorizes the issuance of a temporary restraining order 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, effective for a specific period of time during the
pendency of an action for a protective order.
Existing 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.
New law retains existing law and adds that in the event that the hearing on the rule for the
protective order or issuance of a preliminary injunction is continued by the court because of
a declared state of emergency made in accordance with existing 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 new 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.
Effective Aug. 1, 2014.
(Amends C.C.P. Arts. 3604(C) and 3606)