HLS 14RS-861 ENGROSSED
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Regular Session, 2014
HOUSE BILL NO. 750
BY REPRESENTATIVES MORENO AND BROSSETT
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, relative to protective orders issued in conjunction with cases of6
domestic abuse; to provide relative to the procedures for filing Uniform Abuse7
Prevention Orders in the Louisiana Protective Order Registry; to provide relative to8
the duties of judges, clerks of court, and the Judicial Administrator's Office of the9
Louisiana Supreme Court relative to the issuance of temporary restraining orders,10
preliminary or permanent injunctions, and protective orders; to provide relative to11
the penalties for violations of protective orders; to provide relative to the duty of law12
enforcement with regard to enforcing protective orders and violations of protective13
orders; to provide relative to the determination by law enforcement of the14
predominant aggressor in domestic abuse cases; to provide for a rebuttable15
presumption regarding the predominant aggressor; and to provide for related matters.16
Be it enacted by the Legislature of Louisiana:17
Section 1. R.S. 9:366(A) and 372(B) and (C) are hereby amended and reenacted to18
read as follows:19 HLS 14RS-861 ENGROSSED
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§366. Injunctions1
A. All separation, divorce, child custody, and child visitation orders and2
judgments in family violence cases shall contain an injunction as defined in R.S.3
9:362. Upon issuance of such injunction, the judge shall cause to have prepared a4
Uniform Abuse Prevention Order as provided in R.S. 46:2136.2(C), shall sign such5
order, and shall immediately forward it to the clerk of court for filing, all without6
delay on the day that the order is issued. The clerk of the issuing court shall transmit7
the Uniform Abuse Prevention Order to the Judicial Administrator's Office,8
Louisiana Supreme Court for entry into the Louisiana Protective Order Registry, as9
provided in R.S. 46:2136.2(A), by facsimile transmission, mail, or direct electronic10
input, where available, as expeditiously as possible, but no later than the end of the11
next business day after the order is filed with the clerk of court. The clerk of the12
issuing court shall also send a copy of the Uniform Abuse Prevention Order, R.S.13
46:2136.2(C), or any modification thereof, to the chief law enforcement official of14
the parish where the person or persons protected by the order reside. A copy of the15
Uniform Abuse Prevention Order shall be retained on file in the office of the chief16
law enforcement officer until otherwise directed by the court.17
* * *18
§372. Injunction against abuse; form; central registry19
* * *20
B. Immediately upon rendering a decision granting relief provided in21
Subsection A of this Section, the judge shall cause to have prepared a Uniform22
Abuse Prevention Order, as provided in R.S. 46:2136.2(C), shall sign such order, and23
shall immediately forward it to the clerk of court for filing, all without delay on the24
day that the order is issued.25
C. The clerk of the issuing court shall transmit the Uniform Abuse26
Prevention Order to the Judicial Administrator's Office, Louisiana Supreme Court27
for entry into the Louisiana Protective Order Registry, as provided in R.S.28
46:2136.2(A), by facsimile transmission, mail, or direct electronic input, where29 HLS 14RS-861 ENGROSSED
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available, as expeditiously as possible, but no later than the end of the next business1
day after the order is filed with the clerk of court. The clerk of the issuing court shall2
also send a copy of the Uniform Abuse Prevention Order, R.S. 46:2136.2(C), or any3
modification thereof, to the chief law enforcement official of the parish where the4
person or persons protected by the order reside. A copy of the Uniform Abuse5
Prevention Order shall be retained on file in the office of the chief law enforcement6
officer until otherwise directed by the court.7
Section 2. R.S. 14:79(B), (C), (E), and (F) are hereby amended and reenacted to8
read as follows: 9
§79. Violation of protective orders10
* * *11
B.(1) On a first conviction for violation of protective orders which does not12
involve a battery to or any crime of violence as defined by R.S. 14:2(B) against the13
person protected by the protective order, the offender shall be fined not more than14
five hundred dollars or imprisoned for not more than six months, or both.15
(2) On a second conviction for violation of protective orders which does not16
involve a battery to or any crime of violence as defined by R.S. 14:2(B) against the17
person protected by the protective order, regardless of whether the second offense18
occurred before or after the first conviction, the offender shall be fined not more than19
one thousand dollars and imprisoned for not less than forty-eight hours nor more20
than six months. At least forty-eight hours of the sentence of imprisonment imposed21
under this Paragraph shall be without benefit of probation, parole, or suspension of22
sentence. If a portion of the sentence is imposed with benefit of probation, parole,23
or suspension of sentence, the court shall require the offender to participate in a24
court-approved domestic abuse counseling program.25
(3) On a third or subsequent conviction for violation of protective orders26
which does not involve a battery to or any crime of violence as defined by R.S.27
14:2(B) against the person protected by the protective order, regardless of whether28
the current offense occurred before or after the earlier convictions, the offender shall29 HLS 14RS-861 ENGROSSED
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be fined not more than one thousand dollars and imprisoned for not less than1
fourteen days nor more than six months. At least fourteen days of the sentence of2
imprisonment imposed under this Paragraph shall be without benefit of probation,3
parole, or suspension of sentence. If a portion of the sentence is imposed with4
benefit of probation, parole, or suspension of sentence, the court shall require the5
offender to participate in a court-approved domestic abuse counseling program,6
unless the offender has previously been required to participate in such program and,7
in the discretion of the judge, the offender would not benefit from such counseling.8
C.(1) Whoever is convicted of the offense of violation of protective orders9
where the violation involves a battery to or any crime of violence as defined by R.S.10
14:2(B) against the person protected by the protective order, and who has not been11
convicted of violating a protective order or of an assault or battery upon the person12
protected by the protective order within the five years prior to commission of the13
instant offense, shall be fined not more than five hundred dollars and imprisoned for14
not less than fourteen days nor more than six months. At least fourteen days of the15
sentence of imprisonment imposed under this Paragraph shall be without benefit of16
probation, parole, or suspension of sentence. If a portion of the sentence is imposed17
with benefit of probation, parole, or suspension of sentence, the court shall require18
the offender to participate in a court-approved domestic abuse counseling program19
as part of that probation.20
(2) Whoever is convicted of the offense of violation of protective orders21
where the violation involves a battery to or any crime of violence as defined by R.S.22
14:2(B) against the person for whose benefit the protective order is in effect, and23
who has been convicted not more than one time of violating a protective order or of24
an assault or battery upon the person for whose benefit the protective order is in25
effect within the five-year period prior to commission of the instant offense,26
regardless of whether the instant offense occurred before or after the earlier27
convictions, shall be fined not more than one thousand dollars and imprisoned for not28
less than three months nor more than six months. At least fourteen days of the29 HLS 14RS-861 ENGROSSED
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sentence of imprisonment imposed under this Paragraph shall be without benefit of1
probation, parole, or suspension of sentence. If a portion of the sentence is imposed2
with benefit of probation, parole, or suspension of sentence, the court shall require3
the offender to participate in a court-approved domestic abuse counseling program,4
unless the offender has previously been required to participate in such program and,5
in the discretion of the court, the offender would not benefit from such counseling.6
(3) Whoever is convicted of the offense of violation of protective orders7
where the violation involves a battery to or any crime of violence as defined by R.S.8
14:2(B) against the person for whose benefit the protective order is in effect, and9
who has more than one conviction of violating a protective order or of an assault or10
battery upon the person for whose benefit the protective order is in effect during the11
five-year period prior to commission of the instant offense, regardless of whether the12
instant offense occurred before or after the earlier convictions, the offender shall be13
fined not more than two thousand dollars and imprisoned with or without hard labor14
for not less than one year nor more than five years. At least one year of the sentence15
of imprisonment imposed under this Paragraph shall be without benefit of probation,16
parole, or suspension of sentence.17
* * *18
E.(1) Law enforcement officers shall use every reasonable means, including19
but not limited to immediate arrest of the violator, to enforce a preliminary or20
permanent injunction or protective order obtained 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
327.1, 335.1 335.2, and 871.1 after a contradictory court hearing, or to enforce a24
temporary restraining order or ex parte protective order issued pursuant to R.S. 9:36125
et seq., R.S. 9:372, R.S. 46:2131 et seq., R.S. 46:2151, Children's Code Article 156426
et seq., Code of Civil Procedure Articles 3604 and 3607.1, or Code of Criminal27
Procedure Articles 327.1 and 335.1 335.2 if the defendant has been given notice of28 HLS 14RS-861 ENGROSSED
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the temporary restraining order or ex parte protective order by service of process as1
required by law.2
(2) Law enforcement officers shall at a minimum issue a summons to the3
person 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 871.1.8
F. This Section shall not be construed to bar or limit the effect of any other9
criminal statute or civil remedy.10
* * *11
Section 3. R.S. 46:2135(G) and (H), 2136(E), (G), and (H), 2136.2(A) and (D), and12
2140 are hereby amended and reenacted to read as follows:13
§2135. Temporary restraining order14
* * *15
G. Immediately upon entering a temporary restraining order, 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, all without delay on the day that the order is issued. 19
H. The clerk of the issuing court shall transmit the Uniform Abuse20
Prevention Order to the Judicial Administrator's Office, Louisiana Supreme Court21
for entry into the Louisiana Protective Order Registry, as provided in R.S.22
46:2136.2(A), by facsimile transmission, mail, or direct electronic input, where23
available, as expeditiously as possible, but no later than the end of the next business24
day after the order is filed with the clerk of court. The clerk of the issuing court shall25
also send a copy of the Uniform Abuse Prevention Order, R.S. 46:2136.2(C), or any26
modification thereof, to the chief law enforcement official of the parish where the27
person or persons protected by the order reside. A copy of the Uniform Abuse28 HLS 14RS-861 ENGROSSED
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Prevention Order shall be retained on file in the office of the chief law enforcement1
officer until otherwise directed by the court.2
* * *3
§2136. Protective orders; content; modification; service4
* * *5
E. A protective order made under this Part shall be served on the person to6
whom the order applies in open court at the close of the hearing, or in the same7
manner as a writ of injunction. The clerk of the issuing court shall send a copy of8
the Uniform Abuse Prevention Order, R.S. 46:2136.2(C), or any modification thereof9
to the chief law enforcement official of the parish where the person or persons10
protected by the order reside. A copy of the Uniform Abuse Prevention Order shall11
be retained on file in the office of the chief law enforcement officer as provided12
herein until otherwise directed by the court.13
* * *14
G. Immediately upon granting a protective order or approving any consent15
agreement, the judge shall cause to have prepared a Uniform Abuse Prevention16
Order, as provided in R.S. 46:2136.2(C), shall sign such order, and shall immediately17
forward it to the clerk of court for filing, all without delay on the day that the order18
is issued. 19
H. The clerk of the issuing court shall transmit the Uniform Abuse20
Prevention Order to the Judicial Administrator's Office, Louisiana Supreme Court21
for entry into the Louisiana Protective Order Registry, as provided in R.S.22
46:2136.2(A), by facsimile transmission, mail, or direct electronic input, where23
available, as expeditiously as possible, but no later than the end of the next business24
day after the order is filed with the clerk of court. The clerk of the issuing court shall25
also send a copy of the Uniform Abuse Prevention Order, R.S. 46:2136.2(C), or any26
modification thereof, to the chief law enforcement official of the parish where the27
person or persons protected by the order reside. A copy of the Uniform Abuse28 HLS 14RS-861 ENGROSSED
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Prevention Order shall be retained on file in the office of the chief law enforcement1
officer until otherwise directed by the court.2
* * *3
§2136.2. Louisiana Protective Order Registry4
A. In order to provide a statewide registry for abuse prevention orders to5
prevent domestic and dating violence and to aid law enforcement, prosecutors, and6
the courts in handling such matters, there shall be created a Louisiana Protective7
Order Registry administered by the Judicial Administrator's Office, Louisiana8
Supreme Court. The Judicial Administrator's Office shall collect the data transmitted9
to it from the courts of the state and shall immediately enter it into the Louisiana10
Protective Order Registry.11
* * *12
D. The clerk of the issuing court shall immediately send a copy of the order13
or any modification thereof to the Louisiana Protective Order Registry as14
expeditiously as possible but no later than by the end of the next business day after15
the order is filed with the clerk of court. Transmittal of the Uniform Abuse16
Prevention Order may shall be made by facsimile transmission, mail, or direct17
electronic input, where available, as expeditiously as possible, but no later than the18
end of the next business day after the order is filed with the clerk of court.19
* * *20
§2140. Law enforcement officers; duties21
A. Whenever a law enforcement officer has reason to believe that a family22
or household member or dating partner has been abused and the abusing party is in23
violation of a temporary restraining order, a preliminary or permanent injunction, or24
a protective order issued pursuant to R.S. 9:361 et seq., R.S. 9:372, R.S. 46:2131 et25
seq., R.S. 46:2151, Children's Code Article 1564 et seq., Code of Civil Procedure26
Articles 3604 and 3607.1, or Code of Criminal Procedure Articles 30, 327.1, 335.2,27
and 871.1, the officer shall immediately arrest the abusing party.28 HLS 14RS-861 ENGROSSED
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B. Whenever a law enforcement officer has reason to believe that a family1
or household member or dating partner has been abused, and the abusing party is not2
in violation of a restraining order, a preliminary or permanent injunction, or a3
protective order, the officer shall immediately use all reasonable means to prevent4
further abuse, including:5
(1) Arresting the abusive party with a warrant or without a warrant pursuant6
to Code of Criminal Procedure Article 213, if probable cause exists to believe that7
a felony has been committed by that person, whether or not the offense occurred in8
the officer's presence.9
(2) Arresting the abusive party in case of any misdemeanor crime which10
endangers the physical safety of the abused person whether or not the offense11
occurred in the presence of the officer. If there is no cause to believe there is12
impending danger, arresting the abusive party is at the officer's discretion.13
(3) Assisting the abused person in obtaining medical treatment necessitated14
by the battery; arranging for, or providing, or assisting in the procurement of15
transportation for the abused person to a place of shelter or safety.16
(4) Notifying the abused person of his right to initiate criminal or civil17
proceedings; the availability of the protective order, R.S. 46:2136; and the18
availability of community assistance for domestic violence victims.19
B.C.(1) When a law enforcement officer receives conflicting accounts of20
domestic abuse or dating violence, the officer shall evaluate each account separately21
to determine if one party was the predominant aggressor.22
(2) In determining if one party is the predominant aggressor, the law23
enforcement officer may consider any other relevant factors, but shall consider the24
following factors based upon his or her observation:25
(a) Evidence from complainants and other witnesses.26
(b) The extent of personal injuries received by each person.27
(c) Whether a person acted in self-defense.28
(d) An imminent threat of future injury to any of the parties.29 HLS 14RS-861 ENGROSSED
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(e) Prior complaints of domestic abuse or dating violence, if that history can1
be reasonably ascertained by the officer.2
(f) The future welfare of any minors who are present at the scene.3
(g) The existence of a temporary restraining order, a preliminary or4
permanent injunction, or a protective order issued pursuant to R.S. 9:361 et seq., R.S.5
9:372, R.S. 46:2131 et seq., R.S. 46:2151, Children's Code Article 1564 et seq., Code6
of Civil Procedure Articles 3604 and 3607.1, or Code of Criminal Procedure Articles7
30, 327.1, 335.2, and 871.1. There shall be a rebuttable presumption that the8
predominant aggressor is the person against whom the order was issued.9
(3)(a) If the officer determines that one person was the predominant10
aggressor in a felony offense, the officer shall arrest that person. The arrest shall be11
subject to the laws governing arrest, including the need for probable cause as12
otherwise provided by law.13
(b) If the officer determines that one person was the predominant aggressor14
in a misdemeanor offense, the officer shall arrest the predominant aggressor if there15
is reason to believe that there is impending danger or if the predominant aggressor16
is in violation of a temporary restraining order, a preliminary or permanent17
injunction, or a protective order issued pursuant to R.S. 9:361 et seq., R.S. 9:372,18
R.S. 46:2131 et seq., R.S. 46:2151, Children's Code Article 1564 et seq., Code of19
Civil Procedure Articles 3604 and 3607.1, or Code of Criminal Procedure Articles20
30, 327.1, 335.2, and 871.1. If there is no threat of impending danger or no violation21
of a temporary restraining order, a preliminary or permanent injunction, or a22
protective order, the officer may arrest the predominant aggressor at the officer's23
discretion, whether or not the offense occurred in the presence of the officer. An24
arrest pursuant to the provisions of this Subparagraph shall be subject to the laws25
governing arrest, including the need for probable cause as otherwise provided by26
law. The exceptions provided for in R.S. 46:2140 shall apply.27
(4) As used in this Subsection:28
(a) "Dating violence" has the meaning as defined in R.S. 46:2151(C).29 HLS 14RS-861 ENGROSSED
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(b) "Domestic abuse" has the meaning as defined in R.S. 46:2132(3).1
Section 4. Children's Code Articles 1569(H) and (I) and 1570(E), (G), and (H) are2
hereby amended and reenacted to read as follows:3
Art. 1569. Temporary restraining order4
* * *5
H. Immediately upon rendering a decision granting the relief requested by6
the petitioner, the judge shall cause to have prepared a Uniform Abuse Prevention7
Order, as provided in R.S. 46:2136.2(C), shall sign such order, and shall immediately8
forward it to the clerk of court for filing, all without delay on the day that the order9
is issued. 10
I. If a temporary restraining order is issued or extended, the clerk of the11
issuing court shall transmit the Uniform Abuse Prevention Order to the Judicial12
Administrator's Office, Louisiana Supreme Court for entry into the Louisiana13
Protective Order Registry, as provided in R.S. 46:2136.2(A), by facsimile14
transmission, mail, or direct electronic input, where available, as expeditiously as15
possible, but no later than the end of the next business day after the order is filed16
with the clerk of court. The clerk of the issuing court shall also send a copy of the17
Uniform Abuse Prevention Order, R.S. 46:2136.2(C), or any modification thereof,18
to the chief law enforcement official of the parish where the person or persons19
protected by the order reside. A copy of the Uniform Abuse Prevention Order shall20
be retained on file in the office of the chief law enforcement officer until otherwise21
directed by the court.22
Art. 1570. Protective orders; content; modification; service23
* * *24
E. A protective order made under this Chapter shall be served on the person25
to whom the order applied in open court at the close of the hearing, or in the same26
manner as a writ of injunction. The clerk of the issuing court shall send a copy of27
the Uniform Abuse Prevention Order, R.S. 46:2136.2(C), or any modification thereof28
to the chief law enforcement official of the parish where the person or persons29 HLS 14RS-861 ENGROSSED
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protected by the order reside. A copy of the Uniform Abuse Prevention Order shall1
be retained on file in the office of the chief law enforcement officer as provided2
herein until otherwise directed by the court.3
* * *4
G. Immediately upon rendering a decision granting the relief requested by5
the petitioner, the judge shall cause to have prepared a Uniform Abuse Prevention6
Order, as provided in R.S. 46:2136.2(C), shall sign such order, and shall immediately7
forward it to the clerk of court for filing, all without delay on the day that the order8
is issued. 9
H. If a protective order is issued or modified, or a consent agreement is10
agreed to or modified, the clerk of the issuing court shall transmit the Uniform Abuse11
Prevention Order to the Judicial Administrator's Office, Louisiana Supreme Court12
for entry into the Louisiana Protective Order Registry, as provided in R.S.13
46:2136.2(A), by facsimile transmission, mail, or direct electronic input, where14
available, as expeditiously as possible, but no later than the end of the next business15
day after the order is filed with the clerk of court. The clerk of the issuing court shall16
also 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
Section 5. Code of Civil Procedure Article 3607.1 is hereby amended and reenacted23
to read as follows:24
Art. 3607.1. Registry of temporary restraining order, preliminary injunction or25
permanent injunction, their dissolution or modification26
A. Immediately upon rendering a decision granting the petitioner a27
temporary restraining order or a preliminary or permanent injunction prohibiting a28
person from harming a family or household member or dating partner, the judge shall29 HLS 14RS-861 ENGROSSED
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cause to have prepared a Uniform Abuse Prevention Order, as provided in R.S.1
46:2136.2(C), shall sign such order, and shall immediately forward it to the clerk of2
court for filing, all without delay on the day that the order is issued. 3
B. Where a temporary restraining order, preliminary injunction, or4
permanent injunction relative to domestic abuse or dating violence is issued,5
dissolved, or modified, the clerk of court shall transmit the Uniform Abuse6
Prevention Order to the Judicial Administrator's Office, Louisiana Supreme Court7
for entry into the Louisiana Protective Order Registry, as provided in R.S.8
46:2136.2(A), by facsimile transmission, mail, or direct electronic input, where9
available, as expeditiously as possible, but no later than the end of the next business10
day after the order is filed with the clerk of court. The clerk of the issuing court shall11
also send a copy of the Uniform Abuse Prevention Order, R.S. 46:2136.2(C), or any12
modification thereof, to the chief law enforcement official of the parish where the13
person or persons protected by the order reside. A copy of the Uniform Abuse14
Prevention Order shall be retained on file in the office of the chief law enforcement15
officer until otherwise directed by the court.16
Section 6. Code of Criminal Procedure Articles 30(B), 327.1, 335.2(C), and 871.117
are hereby amended and reenacted to read as follows:18
Art. 30. The peace bond19
* * *20
B. If the peace bond is for the purpose of preventing domestic abuse or21
dating violence, the magistrate shall cause to have prepared a Uniform Abuse22
Prevention Order, as provided in R.S. 46:2136.2(C), shall sign such order, and shall23
immediately forward it to the clerk of court for filing, all without delay on the day24
that the order is issued. The clerk of the issuing court shall transmit the Uniform25
Abuse Prevention Order to the Judicial Administrator's Office, Louisiana Supreme26
Court for entry into the Louisiana Protective Order Registry, as provided in R.S.27
46:2136.2(A), by facsimile transmission, mail, or direct electronic input, where28
available, as expeditiously as possible, but no later than the end of the next business29 HLS 14RS-861 ENGROSSED
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day after the order is filed with the clerk of court. The clerk of the issuing court shall1
also 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
* * *7
Art. 327.1. Bail restrictions to be transmitted to Louisiana Protective Order Registry8
If, as part of a bail restriction, an order is issued for the purpose of preventing9
violent or threatening acts or harassment against, or contact or communication with10
or physical proximity to, another person for the purpose of preventing domestic11
abuse, stalking, or dating violence, the judge shall cause to have prepared a Uniform12
Abuse Prevention Order, as provided in R.S. 46:2136.2(C), shall sign such order, and13
shall immediately forward it to the clerk of court for filing, all without delay on the14
day that the order is issued. The clerk of the issuing court shall transmit the Uniform15
Abuse Prevention Order to the Judicial Administrator's Office, Louisiana Supreme16
Court for entry into the Louisiana Protective Order Registry, as provided in R.S.17
46:2136.2(A), by facsimile transmission, mail, or direct electronic input, where18
available, as expeditiously as possible, but no later than the end of the next business19
day after the order is filed with the clerk of court. The clerk of the issuing court shall20
also send a copy of the Uniform Abuse Prevention Order, R.S. 46:2136.2(C), or any21
modification thereof, to the chief law enforcement official of the parish where the22
person or persons protected by the order reside. A copy of the Uniform Abuse23
Prevention Order shall be retained on file in the office of the chief law enforcement24
officer until otherwise directed by the court.25
* * *26
Art. 335.2. Stalking; conditions of release27
* * *28 HLS 14RS-861 ENGROSSED
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C. If, as part of a bail restriction, an order is issued pursuant to the provisions1
of this Article, the judge shall cause to have prepared a Uniform Abuse Prevention2
Order, as provided in R.S. 46:2136.2, shall sign such order, and shall immediately3
forward it to the clerk of court for filing, all without delay on the day that the order4
is issued. The clerk of the issuing court shall transmit the Uniform Abuse Prevention5
Order to the Judicial Administrator's Office, Louisiana Supreme Court for entry into6
the Louisiana Protective Order Registry, as provided in R.S. 46:2136.2(A), by7
facsimile transmission, mail, or direct electronic input, where available, as8
expeditiously as possible, but no later than the end of the next business day after the9
order is filed with the clerk of court. The clerk of the issuing court shall also send10
a copy of the Uniform Abuse Prevention Order, R.S. 46:2136.2(C), or any11
modification thereof, to the chief law enforcement official of the parish where the12
person or persons protected by the order reside. A copy of the Uniform Abuse13
Prevention Order shall be retained on file in the office of the chief law enforcement14
officer until otherwise directed by the court.15
* * *16
Art. 871.1. Sentencing orders to be sent to Louisiana Protective Order Registry17
If part of the sentence contains an order for the purpose of preventing violent18
or threatening acts or harassment against, contact or communication with, or physical19
proximity to, another person in order to prevent domestic abuse or dating violence,20
the judge shall cause to have prepared a Uniform Abuse Prevention Order, as21
provided in R.S. 46:2136.2(C), shall sign such order, and shall immediately forward22
it to the clerk of court for filing, all without delay on the day that the order is issued.23
The clerk of the issuing court shall transmit the Uniform Abuse Prevention Order to24
the Judicial Administrator's Office, Louisiana Supreme Court for entry into the25
Louisiana Protective Order Registry, as provided in R.S. 46:2136.2(A), by facsimile26
transmission, mail, or direct electronic input, where available, as expeditiously as27
possible, but no later than the end of the next business day after the order is filed28
with the clerk of court. The clerk of the issuing court shall also send a copy of the29 HLS 14RS-861 ENGROSSED
HB NO. 750
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Uniform Abuse Prevention Order, R.S. 46:2136.2(C), or any modification thereof,1
to the chief law enforcement official of the parish where the person or persons2
protected by the order reside. A copy of the Uniform Abuse Prevention Order shall3
be retained on file in the office of the chief law enforcement officer until otherwise4
directed by the court.5
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.
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.
Proposed law retains present law but adds the requirement that the judge who prepares the
Uniform Abuse Prevention Order shall immediately forward it to the clerk of court for filing
on the day that the order was issued.
Present law further provides that 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.
Proposed law amends present law to provide that the Uniform Abuse Prevention Order shall
be provided to the registry by the clerk of the issuing court by facsimile or direct electronic
input and further requires the clerk of the issuing court to provide a copy to the chief law
enforcement official of the parish where the person or persons protected by the order reside.
Upon receipt of such orders, present law requires Judicial Administrator's Office to enter the
information into the registry.
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.
Present law provides increased penalties for violations of protective orders which involve
a battery against the person who is protected by the protective order. HLS 14RS-861 ENGROSSED
HB NO. 750
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Proposed law amends present law to provide that the increased penalties apply for violations
of protective orders that involve a battery or any crime of violence as defined by present law
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 at a
minimum issue a summons to any 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.
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
issued.
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)
Summary of Amendments Adopted by House
Committee Amendments Proposed by House Committee on Administration of Criminal
Justice to the original bill.
1. Amended the procedure by which a Uniform Abuse Prevention Order is provided
by the judge to the clerk of court for filing and by the clerk of the issuing court
to the La. Protective Order Registry and law enforcement.
2. Deleted the change to the crime of violation of protective orders that specifically
added a violation of a Uniform Abuse Prevention Order in the La. Protective
Order Registry as an element of the offense. HLS 14RS-861 ENGROSSED
HB NO. 750
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
3. Amended the changes to the penalty provisions for violations of protective orders
relative to "any act that is enumerated as a crime of violence" to refer to such acts
as "any crime of violence as defined by R.S. 14:2(B)".
4. Amended the duty of law enforcement relative to violation of protective orders.
5. Made technical amendments to reflect these changes.