HLS 14RS-861 ORIGINAL
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Regular Session, 2014
HOUSE BILL NO. 750
BY REPRESENTATIVE MORENO
FAMILY VIOLENCE: Provides relative to restraining orders, protective orders, and
injunctions issued in conjunction with domestic abuse cases
AN ACT1
To amend and reenact R.S. 9:366(A) and 372(B) and (C), R.S. 14:79(B), (C), (E), and (F),2
R.S. 46:2135(G) and (H), 2136(E), (G), and (H), 2136.2(A) and (D), and 2140,3
Children's Code Articles 1569(H) and (I) and 1570(E), (G), and (H), Code of Civil4
Procedure Article 3607.1, and Code of Criminal Procedure Articles 30(B), 327.1,5
335.2(C), and 871.1 and to enact R.S. 14:79(A)(3)(d), relative to protective orders6
issued in conjunction with cases of domestic abuse; to provide relative to the7
procedures for filing Uniform Abuse Prevention Orders in the Louisiana Protective8
Order Registry; to provide relative to the duties of judges and the Judicial9
Administrator's Office of the Louisiana Supreme Court relative to the issuance of10
temporary restraining orders, preliminary or permanent injunctions, and protective11
orders; to amend the crime of violation of protective orders to include the willful12
disobedience of a Uniform Abuse Prevention Order; to provide relative to the13
penalties for violations of protective orders; to provide relative to the duty of law14
enforcement with regard to enforcing protective orders and violations of protective15
orders; to provide relative to the determination by law enforcement of the16
predominant aggressor in domestic abuse cases; to provide for a rebuttable17
presumption regarding the predominant aggressor; and to provide for related matters.18 HLS 14RS-861 ORIGINAL
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Be it enacted by the Legislature of Louisiana:1
Section 1. R.S. 9:366(A) and 372(B) and (C) are hereby amended and reenacted to2
read as follows:3
§366. Injunctions4
A. All separation, divorce, child custody, and child visitation orders and5
judgments in family violence cases shall contain an injunction as defined in R.S.6
9:362. Upon issuance of such injunction, the judge shall cause to have prepared a7
Uniform Abuse Prevention Order as provided in R.S. 46:2136.2(C), shall sign such8
order, and shall immediately forward it to the clerk of court for filing and to the9
Judicial Administrator's Office, Louisiana Supreme Court for entry into the10
Louisiana Protective Order Registry, R.S. 46:2136.2(A), all without delay. The clerk11
of the issuing court shall transmit Transmittal of the Uniform Abuse Prevention12
Order to the Louisiana Protective Order Registry, R.S. 46:2136.2(A), by the judge13
shall be by facsimile transmission, mail, or direct electronic input, where available,14
as expeditiously as possible, but no later than the end of the next business day after15
on which the order was issued is filed with the clerk of court. The judge shall also16
send a copy of the Uniform Abuse Prevention Order, R.S. 46:2136.2(C), or any17
modification thereof, to the chief law enforcement official of the parish where the18
person or persons protected by the order reside. A copy of the Uniform Abuse19
Prevention Order shall be retained on file in the office of the chief law enforcement20
officer until otherwise directed by the court.21
* * *22
§372. Injunction against abuse; form; central registry23
* * *24
B. Immediately upon rendering a decision granting relief provided in25
Subsection A of this Section, the judge shall cause to have prepared a Uniform26
Abuse Prevention Order, as provided in R.S. 46:2136.2(C), shall sign such order, and27
shall immediately forward it to the clerk of court for filing and to the Judicial28
Administrator's Office, Louisiana Supreme Court for entry into the Louisiana29 HLS 14RS-861 ORIGINAL
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Protective Order Registry, R.S. 46:2136.2(A), all without delay. The judge shall also1
send a copy of the Uniform Abuse Prevention Order, R.S. 46:2136.2(C), or any2
modification thereof, to the chief law enforcement official of the parish where the3
person or persons protected by the order reside. A copy of the Uniform Abuse4
Prevention Order shall be retained on file in the office of the chief law enforcement5
officer until otherwise directed by the court.6
C. The clerk of the issuing court shall transmit Transmittal of the Uniform7
Abuse Prevention Order to the Louisiana Protective Order Registry, R.S.8
46:2136.2(A), by the judge shall be by facsimile transmission, mail, or direct9
electronic input, where available, as expeditiously as possible, but no later than the10
end of the next business day after on which the order was issued is filed with the11
clerk of court.12
Section 2. R.S. 14:79(B), (C), (E), and (F) are hereby amended and reenacted and13
R.S. 14:79(A)(3)(d) is hereby enacted to read as follows: 14
§79. Violation of protective orders15
A.16
* * *17
(3) Violation of protective orders shall also include the willful disobedience18
of the following:19
* * *20
(d) A Uniform Order of Protection from Abuse in the Louisiana Protective21
Order Registry.22
B.(1) On a first conviction for violation of protective orders which does not23
involve a battery to or any act that is enumerated as a crime of violence pursuant to24
R.S. 14:2(B) against the person protected by the protective order, the offender shall25
be fined not more than five hundred dollars or imprisoned for not more than six26
months, or both.27
(2) On a second conviction for violation of protective orders which does not28
involve a battery to or any act that is enumerated as a crime of violence pursuant to29 HLS 14RS-861 ORIGINAL
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R.S. 14:2(B) against the person protected by the protective order, regardless of1
whether the second offense occurred before or after the first conviction, the offender2
shall be fined not more than one thousand dollars and imprisoned for not less than3
forty-eight hours nor more than six months. At least forty-eight hours of the4
sentence of imprisonment imposed under this Paragraph shall be without benefit of5
probation, parole, or suspension of sentence. If a portion of the sentence is imposed6
with benefit of probation, parole, or suspension of sentence, the court shall require7
the offender to participate in a court-approved domestic abuse counseling program.8
(3) On a third or subsequent conviction for violation of protective orders9
which does not involve a battery to or any act that is enumerated as a crime of10
violence pursuant to R.S. 14:2(B) against the person protected by the protective11
order, regardless of whether the current offense occurred before or after the earlier12
convictions, the offender shall be fined not more than one thousand dollars and13
imprisoned for not less than fourteen days nor more than six months. At least14
fourteen days of the sentence of imprisonment imposed under this Paragraph shall15
be without benefit of probation, parole, or suspension of sentence. If a portion of the16
sentence is imposed with benefit of probation, parole, or suspension of sentence, the17
court shall require the offender to participate in a court-approved domestic abuse18
counseling program, unless the offender has previously been required to participate19
in such program and, in the discretion of the judge, the offender would not benefit20
from such counseling.21
C.(1) Whoever is convicted of the offense of violation of protective orders22
where the violation involves a battery to or any act that is enumerated as a crime of23
violence pursuant to R.S. 14:2(B) against the person protected by the protective24
order, and who has not been convicted of violating a protective order or of an assault25
or battery upon the person protected by the protective order within the five years26
prior to commission of the instant offense, shall be fined not more than five hundred27
dollars and imprisoned for not less than fourteen days nor more than six months. At28
least fourteen days of the sentence of imprisonment imposed under this Paragraph29 HLS 14RS-861 ORIGINAL
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shall be without benefit of probation, parole, or suspension of sentence. If a portion1
of the sentence is imposed with benefit of probation, parole, or suspension of2
sentence, the court shall require the offender to participate in a court-approved3
domestic abuse counseling program as part of that probation.4
(2) Whoever is convicted of the offense of violation of protective orders5
where the violation involves a battery to or any act that is enumerated as a crime of6
violence pursuant to R.S. 14:2(B) against the person for whose benefit the protective7
order is in effect, and who has been convicted not more than one time of violating8
a protective order or of an assault or battery upon the person for whose benefit the9
protective order is in effect within the five-year period prior to commission of the10
instant offense, regardless of whether the instant offense occurred before or after the11
earlier convictions, shall be fined not more than one thousand dollars and imprisoned12
for not less than three months nor more than six months. At least fourteen days of13
the sentence of imprisonment imposed under this Paragraph shall be without benefit14
of probation, parole, or suspension of sentence. If a portion of the sentence is15
imposed with benefit of probation, parole, or suspension of sentence, the court shall16
require the offender to participate in a court-approved domestic abuse counseling17
program, unless the offender has previously been required to participate in such18
program and, in the discretion of the court, the offender would not benefit from such19
counseling.20
(3) Whoever is convicted of the offense of violation of protective orders21
where the violation involves a battery to or any act that is enumerated as a crime of22
violence pursuant to R.S. 14:2(B) against the person for whose benefit the protective23
order is in effect, and who has more than one conviction of violating a protective24
order or of an assault or battery upon the person for whose benefit the protective25
order is in effect during the five-year period prior to commission of the instant26
offense, regardless of whether the instant offense occurred before or after the earlier27
convictions, the offender shall be fined not more than two thousand dollars and28
imprisoned with or without hard labor for not less than one year nor more than five29 HLS 14RS-861 ORIGINAL
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years. At least one year of the sentence of imprisonment imposed under this1
Paragraph shall be without benefit of probation, parole, or suspension of sentence.2
* * *3
E.(1) Law enforcement officers shall use every reasonable means, including4
but not limited to immediate arrest of the violator, to enforce a preliminary or5
permanent injunction or protective order obtained pursuant to R.S. 9:361 et seq., R.S.6
9:372, R.S. 46:2131 et seq., R.S. 46:2151, Children's Code Article 1564 et seq., Code7
of Civil Procedure Articles 3604 and 3607.1, or Code of Criminal Procedure Articles8
327.1, 335.1 335.2, and 871.1 after a contradictory court hearing, or to enforce a9
temporary restraining order or ex parte protective order issued pursuant to R.S. 9:36110
et seq., R.S. 9:372, R.S. 46:2131 et seq., R.S. 46:2151, Children's Code Article 156411
et seq., Code of Civil Procedure Articles 3604 and 3607.1, or Code of Criminal12
Procedure Articles 327.1 and 335.1 335.2 if the defendant has been given notice of13
the temporary restraining order or ex parte protective order by service of process as14
required by law.15
(2) Law enforcement officers shall immediately arrest a person in violation16
of a temporary restraining order, a preliminary or permanent injunction, or a17
protective order issued pursuant to R.S. 9:361 et seq., R.S. 9:372, R.S. 46:2131 et18
seq., R.S. 46:2151, Children's Code Article 1564 et seq., Code of Civil Procedure19
Articles 3604 and 3607.1, or Code of Criminal Procedure Articles 30, 327.1, 335.2,20
and 871.1.21
F. This Section shall not be construed to bar or limit the effect of any other22
criminal statute or civil remedy.23
* * *24
Section 3. R.S. 46:2135(G) and (H), 2136(E), (G), and (H), 2136.2(A) and (D), and25
2140 are hereby amended and reenacted to read as follows:26
§2135. Temporary restraining order27
* * *28 HLS 14RS-861 ORIGINAL
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G. Immediately upon entering a temporary restraining order, the judge shall1
cause to have prepared a Uniform Abuse Prevention Order, as provided in R.S.2
46:2136.2(C), shall sign such order, and shall immediately forward it to the clerk of3
court for filing and to the Judicial Administrator's Office, Louisiana Supreme Court4
for entry into the Louisiana Protective Order Registry, R.S. 46:2136.2(A), all without5
delay. The judge shall also send a copy of the Uniform Abuse Prevention Order,6
R.S. 46:2136.2(C), or any modification thereof, to the chief law enforcement official7
of the parish where the person or persons protected by the order reside. A copy of8
the Uniform Abuse Prevention Order shall be retained on file in the office of the9
chief law enforcement officer until otherwise directed by the court.10
H. The clerk of the issuing court shall transmit Transmittal of the Uniform11
Abuse Prevention Order to the Louisiana Protective Order Registry, R.S.12
46:2136.2(A), by the judge shall be by facsimile transmission, mail, or direct13
electronic input, where available, as expeditiously as possible, but no later than the14
end of the next business day after on which the order was issued is filed with the15
clerk of court.16
* * *17
§2136. Protective orders; content; modification; service18
* * *19
E. A protective order made under this Part shall be served on the person to20
whom the order applies in open court at the close of the hearing, or in the same21
manner as a writ of injunction. The clerk of the issuing court shall send a copy of22
the Uniform Abuse Prevention Order, R.S. 46:2136.2(C), or any modification thereof23
to the chief law enforcement official of the parish where the person or persons24
protected by the order reside. A copy of the Uniform Abuse Prevention Order shall25
be retained on file in the office of the chief law enforcement officer as provided26
herein until otherwise directed by the court.27
* * *28 HLS 14RS-861 ORIGINAL
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G. Immediately upon granting a protective order or approving any consent1
agreement, the judge shall cause to have prepared a Uniform Abuse Prevention2
Order, as provided in R.S. 46:2136.2(C), shall sign such order, and shall immediately3
forward it to the clerk of court for filing and to the Judicial Administrator's Office,4
Louisiana Supreme Court for entry into the Louisiana Protective Order Registry, R.S.5
46:2136.2(A), all without delay. The judge shall also send a copy of the Uniform6
Abuse Prevention Order, R.S. 46:2136.2(C), or any modification thereof, to the chief7
law enforcement official of the parish where the person or persons protected by the8
order reside. A copy of the Uniform Abuse Prevention Order shall be retained on9
file in the office of the chief law enforcement officer until otherwise directed by the10
court.11
H. The clerk of the issuing court shall transmit Transmittal of the Uniform12
Abuse Prevention Order to the Louisiana Protective Order Registry, R.S.13
46:2136.2(A), by the judge shall be by facsimile transmission, mail, or direct14
electronic input, where available, as expeditiously as possible, but no later than the15
end of the next business day after on which the order was issued is filed with the16
clerk of court.17
* * *18
§2136.2. Louisiana Protective Order Registry19
A. In order to provide a statewide registry for abuse prevention orders to20
prevent domestic and dating violence and to aid law enforcement, prosecutors, and21
the courts in handling such matters, there shall be created a Louisiana Protective22
Order Registry administered by the Judicial Administrator's Office, Louisiana23
Supreme Court. The Judicial Administrator's Office shall collect the data transmitted24
to it from the courts of the state and shall immediately enter it into the Louisiana25
Protective Order Registry.26
* * *27
D. The clerk of the issuing court shall immediately send a copy of the order28
or any modification thereof to the Louisiana Protective Order Registry as29 HLS 14RS-861 ORIGINAL
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expeditiously as possible but no later than by the end of the next business day after1
the order is filed with the clerk of court. Transmittal of the Uniform Abuse2
Prevention Order may be made by facsimile transmission, mail, or direct electronic3
input, where available, as expeditiously as possible, but no later than the end of the4
next business day after on which the order was issued is filed with the clerk of court.5
* * *6
§2140. Law enforcement officers; duties7
A. Whenever a law enforcement officer has reason to believe that a family8
or household member or dating partner has been abused and the abusing party is in9
violation of a temporary restraining order, a preliminary or permanent injunction, or10
a protective order issued pursuant to R.S. 9:361 et seq., R.S. 9:372, R.S. 46:2131 et11
seq., R.S. 46:2151, Children's Code Article 1564 et seq., Code of Civil Procedure12
Articles 3604 and 3607.1, or Code of Criminal Procedure Articles 30, 327.1, 335.2,13
and 871.1, the officer shall immediately arrest the abusing party.14
B. Whenever a law enforcement officer has reason to believe that a family15
or household member or dating partner has been abused, and the abusing party is not16
in violation of a restraining order, a preliminary or permanent injunction, or a17
protective order, the officer shall immediately use all reasonable means to prevent18
further abuse, including:19
(1) Arresting the abusive party with a warrant or without a warrant pursuant20
to Code of Criminal Procedure Article 213, if probable cause exists to believe that21
a felony has been committed by that person, whether or not the offense occurred in22
the officer's presence.23
(2) Arresting the abusive party in case of any misdemeanor crime which24
endangers the physical safety of the abused person whether or not the offense25
occurred in the presence of the officer. If there is no cause to believe there is26
impending danger, arresting the abusive party is at the officer's discretion.27 HLS 14RS-861 ORIGINAL
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(3) Assisting the abused person in obtaining medical treatment necessitated1
by the battery; arranging for, or providing, or assisting in the procurement of2
transportation for the abused person to a place of shelter or safety.3
(4) Notifying the abused person of his right to initiate criminal or civil4
proceedings; the availability of the protective order, R.S. 46:2136; and the5
availability of community assistance for domestic violence victims.6
B.C.(1) When a law enforcement officer receives conflicting accounts of7
domestic abuse or dating violence, the officer shall evaluate each account separately8
to determine if one party was the predominant aggressor.9
(2) In determining if one party is the predominant aggressor, the law10
enforcement officer may consider any other relevant factors, but shall consider the11
following factors based upon his or her observation:12
(a) Evidence from complainants and other witnesses.13
(b) The extent of personal injuries received by each person.14
(c) Whether a person acted in self-defense.15
(d) An imminent threat of future injury to any of the parties.16
(e) Prior complaints of domestic abuse or dating violence, if that history can17
be reasonably ascertained by the officer.18
(f) The future welfare of any minors who are present at the scene.19
(g) The existence of a temporary restraining order, a preliminary or20
permanent injunction, or a protective order issued pursuant to R.S. 9:361 et seq., R.S.21
9:372, R.S. 46:2131 et seq., R.S. 46:2151, Children's Code Article 1564 et seq., Code22
of Civil Procedure Articles 3604 and 3607.1, or Code of Criminal Procedure Articles23
30, 327.1, 335.2, and 871.1. There shall be a rebuttable presumption that the24
predominant aggressor is the person against whom the order was filed.25
(3)(a) If the officer determines that one person was the predominant26
aggressor in a felony offense, the officer shall arrest that person. The arrest shall be27
subject to the laws governing arrest, including the need for probable cause as28
otherwise provided by law.29 HLS 14RS-861 ORIGINAL
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(b) If the officer determines that one person was the predominant aggressor1
in a misdemeanor offense, the officer shall arrest the predominant aggressor if there2
is reason to believe that there is impending danger or if the predominant aggressor3
is in violation of a temporary restraining order, a preliminary or permanent4
injunction, or a protective order issued pursuant to R.S. 9:361 et seq., R.S. 9:372,5
R.S. 46:2131 et seq., R.S. 46:2151, Children's Code Article 1564 et seq., Code of6
Civil Procedure Articles 3604 and 3607.1, or Code of Criminal Procedure Articles7
30, 327.1, 335.2, and 871.1. If there is no threat of impending danger or no violation8
of a temporary restraining order, a preliminary or permanent injunction, or a9
protective order, the officer may arrest the predominant aggressor at the officer's10
discretion, whether or not the offense occurred in the presence of the officer. An11
arrest pursuant to the provisions of this Subparagraph shall be subject to the laws12
governing arrest, including the need for probable cause as otherwise provided by13
law. The exceptions provided for in R.S. 46:2140 shall apply.14
(4) As used in this Subsection:15
(a) "Dating violence" has the meaning as defined in R.S. 46:2151(C).16
(b) "Domestic abuse" has the meaning as defined in R.S. 46:2132(3).17
Section 4. Children's Code Articles 1569(H) and (I) and 1570(E), (G), and (H) are18
hereby amended and reenacted to read as follows:19
Art. 1569. Temporary restraining order20
* * *21
H. Immediately upon rendering a decision granting the relief requested by22
the petitioner, the judge shall cause to have prepared a Uniform Abuse Prevention23
Order, as provided in R.S. 46:2136.2(C), shall sign such order, and shall immediately24
forward it to the clerk of court for filing and to the Judicial Administrator's Office,25
Louisiana Supreme Court for entry into the Louisiana Protective Order Registry, R.S.26
46:2136.2(A), all without delay. The judge shall also send a copy of the Uniform27
Abuse Prevention Order, R.S. 46:2136.2(C), or any modification thereof, to the chief28
law enforcement official of the parish where the person or persons protected by the29 HLS 14RS-861 ORIGINAL
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order reside. A copy of the Uniform Abuse Prevention Order shall be retained on1
file in the office of the chief law enforcement officer until otherwise directed by the2
court.3
I. If a temporary restraining order is issued or extended, the clerk of the4
issuing court shall transmit Transmittal of the Uniform Abuse Prevention Order to5
the Louisiana Protective Order Registry, R.S. 46:2136.2(A), by facsimile6
transmission, mail, or direct electronic input, where available, as expeditiously as7
possible, but no later than the end of the next business day after on which the order8
was issued is filed with the clerk of court.9
Art. 1570. Protective orders; content; modification; service10
* * *11
E. A protective order made under this Chapter shall be served on the person12
to whom the order applied in open court at the close of the hearing, or in the same13
manner as a writ of injunction. The clerk of the issuing court shall send a copy of14
the Uniform Abuse Prevention Order, R.S. 46:2136.2(C), or any modification thereof15
to the chief law enforcement official of the parish where the person or persons16
protected by the order reside. A copy of the Uniform Abuse Prevention Order shall17
be retained on file in the office of the chief law enforcement officer as provided18
herein until otherwise directed by the court.19
* * *20
G. Immediately upon rendering a decision granting the relief requested by21
the petitioner, the judge shall cause to have prepared a Uniform Abuse Prevention22
Order, as provided in R.S. 46:2136.2(C), shall sign such order, and shall immediately23
forward it to the clerk of court for filing and to the Judicial Administrator's Office,24
Louisiana Supreme Court for entry into the Louisiana Protective Order Registry, R.S.25
46:2136.2(A), all without delay. The judge shall also send a copy of the Uniform26
Abuse Prevention Order, R.S. 46:2136.2(C), or any modification thereof, to the chief27
law enforcement official of the parish where the person or persons protected by the28
order reside. A copy of the Uniform Abuse Prevention Order shall be retained on29 HLS 14RS-861 ORIGINAL
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file in the office of the chief law enforcement officer until otherwise directed by the1
court.2
H. If a protective order is issued or modified, or a consent agreement is3
agreed to or modified, the clerk of the issuing court shall transmit Transmittal of the4
Uniform Abuse Prevention Order to the Louisiana Protective Order Registry, R.S.5
46:2136.2(A), by facsimile transmission, mail, or direct electronic input, where6
available, as expeditiously as possible, but no later than the end of the next business7
day after on which the order was issued is filed with the clerk of court.8
* * *9
Section 5. Code of Civil Procedure Article 3607.1 is hereby amended and reenacted10
to read as follows:11
Art. 3607.1. Registry of temporary restraining order, preliminary injunction or12
permanent injunction, their dissolution or modification13
A. Immediately upon rendering a decision granting the petitioner a14
temporary restraining order or a preliminary or permanent injunction prohibiting a15
person from harming a family or household member or dating partner, the judge shall16
cause to have prepared a Uniform Abuse Prevention Order, as provided in R.S.17
46:2136.2(C), shall sign such order, and shall immediately forward it to the clerk of18
court for filing and to the Judicial Administrator's Office, Louisiana Supreme Court19
for entry into the Louisiana Protective Order Registry, R.S. 46:2136.2(A), all without20
delay. The judge shall also send a copy of the Uniform Abuse Prevention Order,21
R.S. 46:2136.2(C), or any modification thereof, to the chief law enforcement official22
of the parish where the person or persons protected by the order reside. A copy of23
the Uniform Abuse Prevention Order shall be retained on file in the office of the24
chief law enforcement officer until otherwise directed by the court.25
B. Where a temporary restraining order, preliminary injunction, or26
permanent injunction relative to domestic abuse or dating violence is issued,27
dissolved, or modified, the clerk of court shall transmit Transmittal of the Uniform28
Abuse Prevention Order to the Louisiana Protective Order Registry, R.S.29 HLS 14RS-861 ORIGINAL
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46:2136.2(A), by the judge shall be by facsimile transmission, mail, or direct1
electronic input, where available, as expeditiously as possible, but no later than the2
end of the next business day after on which the order was issued is filed with the3
clerk of court.4
Section 6. Code of Criminal Procedure Articles 30(B), 327.1, 335.2(C), and 871.15
are hereby amended and reenacted to read as follows:6
Art. 30. The peace bond7
* * *8
B. If the peace bond is for the purpose of preventing domestic abuse or9
dating violence, the magistrate shall cause to have prepared a Uniform Abuse10
Prevention Order, as provided in R.S. 46:2136.2(C), shall sign such order, and shall11
immediately forward it to the clerk of court for filing and to the Judicial12
Administrator's Office, Louisiana Supreme Court for entry into the Louisiana13
Protective Order Registry, R.S. 46:2136.2(A), all without delay. The judge shall also14
send a copy of the Uniform Abuse Prevention Order, R.S. 46:2136.2(C), or any15
modification thereof, to the chief law enforcement official of the parish where the16
person or persons protected by the order reside. A copy of the Uniform Abuse17
Prevention Order shall be retained on file in the office of the chief law enforcement18
officer until otherwise directed by the court. The clerk of the issuing court shall19
transmit Transmittal of the Uniform Abuse Prevention Order to the Louisiana20
Protective Order Registry, R.S. 46:2136.2(A), by the judge shall be by facsimile21
transmission, mail, or direct electronic input, where available, as expeditiously as22
possible, but no later than the end of the next business day after on which the order23
was issued is filed with the clerk of court.24
* * *25
Art. 327.1. Bail restrictions to be transmitted to Louisiana Protective Order Registry26
If, as part of a bail restriction, an order is issued for the purpose of preventing27
violent or threatening acts or harassment against, or contact or communication with28
or physical proximity to, another person for the purpose of preventing domestic29 HLS 14RS-861 ORIGINAL
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abuse, stalking, or dating violence, the judge shall cause to have prepared a Uniform1
Abuse Prevention Order, as provided in R.S. 46:2136.2(C), shall sign such order, and2
shall immediately forward it to the clerk of court for filing and to the Judicial3
Administrator's Office, Louisiana Supreme Court for entry into the Louisiana4
Protective Order Registry, R.S. 46:2136.2(A), all without delay. The judge shall also5
send a copy of the Uniform Abuse Prevention Order, R.S. 46:2136.2(C), or any6
modification thereof, to the chief law enforcement official of the parish where the7
person or persons protected by the order reside. A copy of the Uniform Abuse8
Prevention Order shall be retained on file in the office of the chief law enforcement9
officer until otherwise directed by the court. The clerk of the issuing court shall10
transmit Transmittal of the Uniform Abuse Prevention Order to the Louisiana11
Protective Order Registry, R.S. 46:2136.2(A), by the judge shall be by facsimile12
transmission, mail, or direct electronic input, where available, as expeditiously as13
possible, but no later than the end of the next business day after on which the order14
was issued is filed with the clerk of court.15
* * *16
Art. 335.2. Stalking; conditions of release17
* * *18
C. If, as part of a bail restriction, an order is issued pursuant to the provisions19
of this Article, the judge shall cause to have prepared a Uniform Abuse Prevention20
Order, as provided in R.S. 46:2136.2, shall sign such order, and shall immediately21
forward it to the clerk of court for filing and to the Judicial Administrator's Office,22
Louisiana Supreme Court for entry into the Louisiana Protective Order Registry, R.S.23
46:2136.2(A), all without delay. The judge shall also send a copy of the Uniform24
Abuse Prevention Order, R.S. 46:2136.2(C), or any modification thereof, to the chief25
law enforcement official of the parish where the person or persons protected by the26
order reside. A copy of the Uniform Abuse Prevention Order shall be retained on27
file in the office of the chief law enforcement officer until otherwise directed by the28
court. The clerk of the issuing court shall transmit Transmittal of the Uniform Abuse29 HLS 14RS-861 ORIGINAL
HB NO. 750
Page 16 of 18
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Prevention Order to the Louisiana Protective Order Registry, R.S. 46:2136.2(A), by1
the judge shall be by facsimile transmission, mail, or direct electronic input, where2
available, as expeditiously as possible, but no later than the end of the next business3
day after on which the order was issued is filed with the clerk of court.4
* * *5
Art. 871.1. Sentencing orders to be sent to Louisiana Protective Order Registry6
If part of the sentence contains an order for the purpose of preventing violent7
or threatening acts or harassment against, contact or communication with, or physical8
proximity to, another person in order to prevent domestic abuse or dating violence,9
the judge shall cause to have prepared a Uniform Abuse Prevention Order, as10
provided in R.S. 46:2136.2(C), shall sign such order, and shall immediately forward11
it to the clerk of court for filing and to the Judicial Administrator's Office, Louisiana12
Supreme Court for entry into the Louisiana Protective Order Registry, R.S.13
46:2136.2(A), all without delay. The judge shall also send a copy of the Uniform14
Abuse Prevention Order, R.S. 46:2136.2(C), or any modification thereof, to the chief15
law enforcement official of the parish where the person or persons protected by the16
order reside. A copy of the Uniform Abuse Prevention Order shall be retained on17
file in the office of the chief law enforcement officer until otherwise directed by the18
court. The clerk of the issuing court shall transmit Transmittal of the Uniform Abuse19
Prevention Order to the Louisiana Protective Order Registry, R.S. 46:2136.2(A), by20
the judge shall be by facsimile transmission, mail, or direct electronic input, where21
available, as expeditiously as possible, but no later than the end of the next business22
day after on which the order was issued is filed with the clerk of court.23
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
Moreno HB No. 750
Abstract: Provides relative to restraining orders, protective orders, and injunctions issued
in conjunction with domestic abuse cases. HLS 14RS-861 ORIGINAL
HB NO. 750
Page 17 of 18
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Present law provides that the La. Protective Order Registry is a statewide registry for abuse
prevention orders to prevent domestic and dating violence and to aid law enforcement,
prosecutors, and the courts in handling cases of domestic violence.
Present law provides that any judge issuing any protective or restraining order shall cause
to have prepared a Uniform Abuse Prevention Order, or "Uniform Order", which shall be
forwarded to the clerk of court for filing. The clerk of court for the issuing court shall then
transmit the Uniform Abuse Prevention Order to the La. Protective Order Registry by
facsimile, mail, or direct electronic input no later than the end of the next business day after
the order is filed with the clerk of court. Upon receipt of such orders, present law requires
Judicial Administrator's Office to enter the information into the Registry.
Proposed law retains present law but adds the requirement that the judge who prepares the
Uniform Abuse Prevention Order, in addition to forwarding it to the clerk of court for filing,
shall also forward the Uniform Abuse Prevention Order to the Judicial Administrator's
Office of the La. Supreme Court for entry into the registry and shall provide a copy to the
chief law enforcement official of the parish where the person or persons protected by the
order reside. Proposed law amends present law and further provides that the transmittal of
the Uniform Abuse Prevention Order shall be by facsimile or direct electronic input no later
than the end of the business day on which the order was issued.
Proposed law requires the Judicial Administrator's Office to immediately enter such orders
into the registry.
Present law provides that the crime of violation of protective orders includes the willful
disobedience of an order issued to require a defendant to stay away from a specific person
or persons as a condition of his release on bond, probation, or parole.
Proposed law expands the crime of violation of protective orders to include the willful
disobedience of a Uniform Abuse Prevention Order in the registry.
Present law provides increased penalties for violations of protective orders which involve
a battery against the person who is protected by the protective order.
Proposed law amends present law to provide that the increased penalties apply for violations
of protective orders that involve a battery or any act that is enumerated as a crime of
violence against the person.
Present law provides that law enforcement officers shall use every reasonable means,
including but not limited to immediate arrest of the violator, to enforce a preliminary or
permanent injunction, a temporary restraining order or ex parte protective order, or a
protective order obtained pursuant to present law.
Proposed law retains present law but provides that law enforcement officers shall
immediately arrest a person in violation of a protective order.
Present law provides for the duties of law enforcement relative to domestic abuse and
provides that when the officer has reason to believe that a family or household member or
dating partner has been abused, the officer shall immediately use all reasonable means to
prevent further abuse.
Proposed law retains present law and provides that whenever a law enforcement officer has
reason to believe that a family or household member or dating partner has been abused and
the abusing party is in violation of a protective order issued pursuant to present law, the
officer shall immediately arrest the abusing party. HLS 14RS-861 ORIGINAL
HB NO. 750
Page 18 of 18
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Present law provides guidelines for the law enforcement officer to determine which party
in a domestic dispute is the predominant aggressor. In making this determination, present
law requires law enforcement to consider certain factors.
Proposed law retains present law and requires the law enforcement to also consider the
existence of a protective order and further provides that there shall be a rebuttable
presumption that the predominant aggressor is the person against whom the order was filed.
Present law provides that when the officer determines that one person was the predominant
aggressor in a misdemeanor offense, the officer shall arrest the predominant aggressor if
there is reason to believe there is impending danger; otherwise, the officer has discretion in
whether to make the arrest.
Proposed law retains present law and requires the officer to also make an arrest if the
predominant aggressor is in violation of a protective order.
(Amends R.S. 9:366(A) and 372(B) and (C), R.S. 14:79(B), (C), (E), and (F), R.S.
46:2135(G) and (H), 2136(E), (G), and (H), 2136.2(A) and (D), and 2140, Ch.C. Arts.
1569(H) and (I) and 1570(E), (G), and (H), C.C.P. Art. 3607.1, and C.Cr.P. Arts. 30(B),
327.1, 335.2(C), and 871.1; Adds R.S. 14:79(A)(3)(d))