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ACT No. 618
Regular Session, 2014
HOUSE BILL NO. 338
BY REPRESENTATIVE ALFRED WILLIAMS
AN ACT1
To amend and reenact Code of Civil Procedure Articles 3604(C) and 3606, relative to2
temporary restraining orders; to provide relative to the effectiveness of temporary3
restraining orders; to extend the effective period of temporary restraining orders4
when a hearing is continued due to declared states of emergency; and to provide for5
related matters.6
Be it enacted by the Legislature of Louisiana:7
Section 1. Code of Civil Procedure Articles 3604(C) and 3606 are hereby amended8
and reenacted to read as follows:9
Art. 3604. Form, contents, and duration of restraining order10
* * *11
C. (1) A temporary restraining order issued in conjunction with a rule to show12
cause for a protective order filed in an action pursuant to the Protection from Family13
Violence Act, R.S. 46:2121 et seq., and pursuant to the Protection From Dating14
Violence Act, R.S. 46:2151, shall remain in force until a hearing is held on the rule15
for the protective order or for thirty days, whichever occurs first. If the initial rule to16
show cause is heard by a hearing officer, the temporary restraining order shall remain17
in force for fifteen days after the hearing or until the judge signs the protective order,18
whichever occurs last. At any time before the expiration of a temporary restraining19
order issued pursuant to this Paragraph, it may be extended by the court for a period20
not exceeding thirty days.21
(2) In the event that the hearing on the rule for the protective order is22
continued by the court because of a declared state of emergency made in accordance23
with R.S. 29:724, any temporary restraining order issued in the matter shall remain24
in force for five days after the date of conclusion of the state of emergency. When25
a temporary restraining order remains in force under this Paragraph, the court shall26
reassign the rule for a protective order for hearing at the earliest possible time, but27 ENROLLEDHB NO. 338
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no later than five days after the date of conclusion of the state of emergency. The1
reassignment of the rule shall take precedence over all matters except older matters2
of the same character. 3
* * *4
Art. 3606. Temporary restraining order; hearing on preliminary injunction5
A. When a temporary restraining order is granted, the application for a6
preliminary injunction shall be assigned for hearing at the earliest possible time,7
subject to Article 3602, and shall take precedence over all matters except older8
matters of the same character. The party who obtains a temporary restraining order9
shall proceed with the application for a preliminary injunction when it comes on for10
hearing. Upon his failure to do so, the court shall dissolve the temporary restraining11
order.12
B. In the event that the hearing on the issuance of a preliminary injunction13
is continued by the court because of a declared state of emergency made in14
accordance with R.S. 29:724, any temporary restraining order issued in the matter15
shall remain in force for five days after the conclusion of the state of emergency.16
When a temporary restraining order remains in force under this Paragraph, the court17
shall reassign the application for a preliminary injunction for hearing at the earliest18
possible time, but no later than five days after the conclusion of the state of19
emergency. The reassignment of the application shall take precedence over all20
matters except older matters of the same character.21
SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: