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Regular Session, 2014
HOUSE BILL NO. 750
BY REPRESENTATIVES MORENO, ADAMS, BADON, BARROW, BERTHELOT,
BILLIOT, WESLEY BISHOP, BROSSETT, BROWN, HENRY BURNS, TIM
BURNS, BURRELL, CARTER, CHAMPAGNE, CONNICK, COX, DIXON,
EDWARDS, FOIL, GAINES, GISCLAIR, GUILLORY, HARRIS, HAZEL,
HENRY, HENSGENS, HILL, HONORE, HOWARD, HUNTER, KATRINA
JACKSON, JAMES, JEFFERSON, JOHNSON, JONES, KL ECKLEY, NANCY
LANDRY, TERRY LANDRY, LEGER, LEOPOLD, LORUSSO, MILLER,
MONTOUCET, JAY MORRIS, NORTON, ORTEGO, PEARSON, PIERRE, POPE,
PRICE, PYLANT, REYNOLDS, RI CHARD, RITCHIE, SCHEXNAYDER,
SCHRODER, SHADOIN, SMITH, ST. GERMAIN, THIBAUT, THIERRY,
ALFRED WILLIAMS, WILLMOTT, AND WOODRUFF
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 HLS 14RS-861 REENGROSSED
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predominant aggressor in domestic abuse cases; to provide for a rebuttable1
presumption regarding the predominant aggressor; and to provide for related matters.2
Be it enacted by the Legislature of Louisiana:3
Section 1. R.S. 9:366(A) and 372(B) and (C) are hereby amended and reenacted to4
read as follows:5
§366. Injunctions6
A. All separation, divorce, child custody, and child visitation orders and7
judgments in family violence cases shall contain an injunction as defined in R.S.8
9:362. Upon issuance of such injunction, the judge shall cause to have prepared a9
Uniform Abuse Prevention Order as provided in R.S. 46:2136.2(C), shall sign such10
order, and shall immediately forward it to the clerk of court for filing, all without11
delay on the day that the order is issued. The clerk of the issuing court shall transmit12
the Uniform Abuse Prevention Order to the Judicial Administrator's Office,13
Louisiana Supreme Court, for entry into the Louisiana Protective Order Registry, as14
provided in R.S. 46:2136.2(A), by facsimile transmission, mail, or direct electronic15
input, where available, as expeditiously as possible, but no later than the end of the16
next business day after the order is filed with the clerk of court. The clerk of the17
issuing court shall also send a copy of the Uniform Abuse Prevention Order, as18
provided in R.S. 46:2136.2(C), or any modification thereof, to the chief law19
enforcement officer of the parish where the person or persons protected by the order20
reside. A copy of the Uniform Abuse Prevention Order shall be retained on file in21
the office of the chief law enforcement officer until otherwise directed by the court.22
* * *23
§372. Injunction against abuse; form; central registry24
* * *25
B. Immediately upon rendering a decision granting relief provided in26
Subsection A of this Section, the judge shall cause to have prepared a Uniform27
Abuse Prevention Order, as provided in R.S. 46:2136.2(C), shall sign such order, and28 HLS 14RS-861 REENGROSSED
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shall immediately forward it to the clerk of court for filing, all without delay on the1
day that the order is issued.2
C. The clerk of the issuing court shall transmit the Uniform Abuse3
Prevention Order to the Judicial Administrator's Office, Louisiana Supreme Court,4
for entry into the Louisiana Protective Order Registry, as provided in 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 the order is filed with the clerk of court. The clerk of the issuing court shall8
also send a copy of the Uniform Abuse Prevention Order, as provided in R.S.9
46:2136.2(C), or any modification thereof, to the chief law enforcement officer of10
the parish where the person or persons protected by the order reside. A copy of the11
Uniform Abuse Prevention Order shall be retained on file in the office of the chief12
law enforcement officer until otherwise directed by the court.13
Section 2. R.S. 14:79(B), (C), (E), and (F) are hereby amended and reenacted to14
read as follows: 15
§79. Violation of protective orders16
* * *17
B.(1) On a first conviction for violation of protective orders which does not18
involve a battery to or any crime of violence as defined by R.S. 14:2(B) against the19
person protected by the protective order, the offender shall be fined not more than20
five hundred dollars or imprisoned for not more than six months, or both.21
(2) On a second conviction for violation of protective orders which does not22
involve a battery to or any crime of violence as defined by R.S. 14:2(B) against the23
person protected by the protective order, regardless of whether the second offense24
occurred before or after the first conviction, the offender shall be fined not more than25
one thousand dollars and imprisoned for not less than forty-eight hours nor more26
than six months. At least forty-eight hours of the sentence of imprisonment imposed27
under this Paragraph shall be without benefit of probation, parole, or suspension of28
sentence. If a portion of the sentence is imposed with benefit of probation, parole,29 HLS 14RS-861 REENGROSSED
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or suspension of sentence, the court shall require the offender to participate in a1
court-approved domestic abuse counseling program.2
(3) On a third or subsequent conviction for violation of protective orders3
which does not involve a battery to or any crime of violence as defined by R.S.4
14:2(B) against the person protected by the protective order, regardless of whether5
the current offense occurred before or after the earlier convictions, the offender shall6
be fined not more than one thousand dollars and imprisoned for not less than7
fourteen days nor more than six months. At least fourteen days of the sentence of8
imprisonment imposed under this Paragraph shall be without benefit of probation,9
parole, or suspension of sentence. If a portion of the sentence is imposed with10
benefit of probation, parole, or suspension of sentence, the court shall require the11
offender to participate in a court-approved domestic abuse counseling program,12
unless the offender has previously been required to participate in such program and,13
in the discretion of the judge, the offender would not benefit from such counseling.14
C.(1) Whoever is convicted of the offense of violation of protective orders15
where the violation involves a battery to or any crime of violence as defined by R.S.16
14:2(B) against the person protected by the protective order, and who has not been17
convicted of violating a protective order or of an assault or battery upon the person18
protected by the protective order within the five years prior to commission of the19
instant offense, shall be fined not more than five hundred dollars and imprisoned for20
not less than fourteen days nor more than six months. At least fourteen days of the21
sentence of imprisonment imposed under this Paragraph shall be without benefit of22
probation, parole, or suspension of sentence. If a portion of the sentence is imposed23
with benefit of probation, parole, or suspension of sentence, the court shall require24
the offender to participate in a court-approved domestic abuse counseling program25
as part of that probation.26
(2) Whoever is convicted of the offense of violation of protective orders27
where the violation involves a battery to or any crime of violence as defined by R.S.28
14:2(B) against the person for whose benefit the protective order is in effect, and29 HLS 14RS-861 REENGROSSED
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who has been convicted not more than one time of violating a protective order or of1
an assault or battery upon the person for whose benefit the protective order is in2
effect within the five-year period prior to commission of the instant offense,3
regardless of whether the instant offense occurred before or after the earlier4
convictions, shall be fined not more than one thousand dollars and imprisoned for not5
less than three months nor more than six months. At least fourteen days of the6
sentence of imprisonment imposed under this Paragraph shall be without benefit of7
probation, parole, or suspension of sentence. If a portion of the sentence is imposed8
with benefit of probation, parole, or suspension of sentence, the court shall require9
the offender to participate in a court-approved domestic abuse counseling program,10
unless the offender has previously been required to participate in such program and,11
in the discretion of the court, the offender would not benefit from such counseling.12
(3) Whoever is convicted of the offense of violation of protective orders13
where the violation involves a battery to or any crime of violence as defined by R.S.14
14:2(B) against the person for whose benefit the protective order is in effect, and15
who has more than one conviction of violating a protective order or of an assault or16
battery upon the person for whose benefit the protective order is in effect during the17
five-year period prior to commission of the instant offense, regardless of whether the18
instant offense occurred before or after the earlier convictions, the offender shall be19
fined not more than two thousand dollars and imprisoned with or without hard labor20
for not less than one year nor more than five years. At least one year of the sentence21
of imprisonment imposed under this Paragraph shall be without benefit of probation,22
parole, or suspension of sentence.23
* * *24
E.(1) Law enforcement officers shall use every reasonable means, including25
but not limited to immediate arrest of the violator, to enforce a preliminary or26
permanent injunction or protective order obtained pursuant to R.S. 9:361 et seq., R.S.27
9:372, R.S. 46:2131 et seq., R.S. 46:2151, Children's Code Article 1564 et seq., Code28
of Civil Procedure Articles 3604 and 3607.1, or Code of Criminal Procedure Articles29 HLS 14RS-861 REENGROSSED
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327.1, 335.1 335.2, and 871.1 after a contradictory court hearing, or to enforce a1
temporary restraining order or ex parte protective order issued pursuant to R.S. 9:3612
et seq., R.S. 9:372, R.S. 46:2131 et seq., R.S. 46:2151, Children's Code Article 15643
et seq., Code of Civil Procedure Articles 3604 and 3607.1, or Code of Criminal4
Procedure Articles 327.1 and 335.1 335.2 if the defendant has been given notice of5
the temporary restraining order or ex parte protective order by service of process as6
required by law.7
(2) Law enforcement officers shall at a minimum issue a summons to the8
person in violation of a temporary restraining order, a preliminary or permanent9
injunction, or a protective order issued pursuant to R.S. 9:361 et seq., R.S. 9:372,10
R.S. 46:2131 et seq., R.S. 46:2151, Children's Code Article 1564 et seq., Code of11
Civil Procedure Articles 3604 and 3607.1, or Code of Criminal Procedure Articles12
30, 327.1, 335.2, and 871.1.13
F. This Section shall not be construed to bar or limit the effect of any other14
criminal statute or civil remedy.15
* * *16
Section 3. R.S. 46:2135(G) and (H), 2136(E), (G), and (H), 2136.2(A) and (D), and17
2140 are hereby amended and reenacted to read as follows:18
§2135. Temporary restraining order19
* * *20
G. Immediately upon entering a temporary restraining order, the judge shall21
cause to have prepared a Uniform Abuse Prevention Order, as provided in R.S.22
46:2136.2(C), shall sign such order, and shall immediately forward it to the clerk of23
court for filing, all without delay on the day that the order is issued. 24
H. The clerk of the issuing court shall transmit the Uniform Abuse25
Prevention Order to the Judicial Administrator's Office, Louisiana Supreme Court,26
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 REENGROSSED
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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, as provided in R.S.2
46:2136.2(C), or any modification thereof, to the chief law enforcement officer of3
the parish where the person or persons protected by the order reside. A copy of the4
Uniform Abuse Prevention Order shall be retained on file in the office of the chief5
law enforcement officer until otherwise directed by the court.6
* * *7
§2136. Protective orders; content; modification; service8
* * *9
E. A protective order made under this Part shall be served on the person to10
whom the order applies in open court at the close of the hearing, or in the same11
manner as a writ of injunction. The clerk of the issuing court shall send a copy of12
the Uniform Abuse Prevention Order, R.S. 46:2136.2(C), or any modification thereof13
to the chief law enforcement official of the parish where the person or persons14
protected by the order reside. A copy of the Uniform Abuse Prevention Order shall15
be retained on file in the office of the chief law enforcement officer as provided16
herein until otherwise directed by the court.17
* * *18
G. Immediately upon granting a protective order or approving any consent19
agreement, the judge shall cause to have prepared a Uniform Abuse Prevention20
Order, as provided in R.S. 46:2136.2(C), shall sign such order, and shall immediately21
forward it to the clerk of court for filing, all without delay on the day that the order22
is issued. 23
H. The clerk of the issuing court shall transmit the Uniform Abuse24
Prevention Order to the Judicial Administrator's Office, Louisiana Supreme Court,25
for entry into the Louisiana Protective Order Registry, as provided in R.S.26
46:2136.2(A), by facsimile transmission, mail, or direct electronic input, where27
available, as expeditiously as possible, but no later than the end of the next business28
day after the order is filed with the clerk of court. The clerk of the issuing court shall29 HLS 14RS-861 REENGROSSED
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also send a copy of the Uniform Abuse Prevention Order, as provided in R.S.1
46:2136.2(C), or any modification thereof, to the chief law enforcement officer of2
the parish where the person or persons protected by the order reside. A copy of the3
Uniform Abuse Prevention Order shall be retained on file in the office of the chief4
law enforcement officer until otherwise directed by the court.5
* * *6
§2136.2. Louisiana Protective Order Registry7
A. In order to provide a statewide registry for abuse prevention orders to8
prevent domestic and dating violence and to aid law enforcement, prosecutors, and9
the courts in handling such matters, there shall be created a Louisiana Protective10
Order Registry administered by the Judicial Administrator's Office, Louisiana11
Supreme Court. The Judicial Administrator's Office shall collect the data transmitted12
to it from the courts of the state and enter it into the Louisiana Protective Order13
Registry as expeditiously as possible.14
* * *15
D. The clerk of the issuing court shall immediately send a copy of the order16
or any modification thereof to the Louisiana Protective Order Registry as17
expeditiously as possible but no later than by the end of the next business day after18
the order is filed with the clerk of court. Transmittal of the Uniform Abuse19
Prevention Order may shall be made by facsimile transmission, mail, or direct20
electronic input, where available, as expeditiously as possible, but no later than the21
end of the next business day after the order is filed with the clerk of court.22
* * *23
§2140. Law enforcement officers; duties24
A. If a law enforcement officer has reason to believe that a family or25
household member or dating partner has been abused and the abusing party is in26
violation of a temporary restraining order, a preliminary or permanent injunction, or27
a protective order issued pursuant to R.S. 9:361 et seq., R.S. 9:372, R.S. 46:2131 et28
seq., R.S. 46:2151, Children's Code Article 1564 et seq., Code of Civil Procedure29 HLS 14RS-861 REENGROSSED
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Articles 3604 and 3607.1, or Code of Criminal Procedure Articles 30, 327.1, 335.2,1
and 871.1, the officer shall immediately arrest the abusing party.2
B. Whenever If a law enforcement officer has reason to believe that a family3
or household member or dating partner has been abused, and the abusing party is not4
in violation of a restraining order, a preliminary or permanent injunction, or a5
protective order, the officer shall immediately use all reasonable means to prevent6
further abuse, including:7
(1) Arresting the abusive party with a warrant or without a warrant pursuant8
to Code of Criminal Procedure Article 213, if probable cause exists to believe that9
a felony has been committed by that person, whether or not the offense occurred in10
the officer's presence.11
(2) Arresting the abusive party in case of any misdemeanor crime which12
endangers the physical safety of the abused person whether or not the offense13
occurred in the presence of the officer. If there is no cause to believe there is14
impending danger, arresting the abusive party is at the officer's discretion.15
(3) Assisting the abused person in obtaining medical treatment necessitated16
by the battery; arranging for, or providing, or assisting in the procurement of17
transportation for the abused person to a place of shelter or safety.18
(4) Notifying the abused person of his right to initiate criminal or civil19
proceedings; the availability of the protective order, R.S. 46:2136; and the20
availability of community assistance for domestic violence victims.21
B.C.(1) When a law enforcement officer receives conflicting accounts of22
domestic abuse or dating violence, the officer shall evaluate each account separately23
to determine if one party was the predominant aggressor.24
(2) In determining if one party is the predominant aggressor, the law25
enforcement officer may consider any other relevant factors, but shall consider the26
following factors based upon his or her observation:27
(a) Evidence from complainants and other witnesses.28
(b) The extent of personal injuries received by each person.29 HLS 14RS-861 REENGROSSED
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(c) Whether a person acted in self-defense.1
(d) An imminent threat of future injury to any of the parties.2
(e) Prior complaints of domestic abuse or dating violence, if that history can3
be reasonably ascertained by the officer.4
(f) The future welfare of any minors who are present at the scene.5
(g) The existence of a temporary restraining order, a preliminary or6
permanent injunction, or a protective order issued pursuant to R.S. 9:361 et seq., R.S.7
9:372, R.S. 46:2131 et seq., R.S. 46:2151, Children's Code Article 1564 et seq., Code8
of Civil Procedure Articles 3604 and 3607.1, or Code of Criminal Procedure Articles9
30, 327.1, 335.2, and 871.1. There shall be a rebuttable presumption that the10
predominant aggressor is the person against whom the order was issued.11
(3)(a) If the officer determines that one person was the predominant12
aggressor in a felony offense, the officer shall arrest that person. The arrest shall be13
subject to the laws governing arrest, including the need for probable cause as14
otherwise provided by law.15
(b) If the officer determines that one person was the predominant aggressor16
in a misdemeanor offense, the officer shall arrest the predominant aggressor if there17
is reason to believe that there is impending danger or if the predominant aggressor18
is in violation of a temporary restraining order, a preliminary or permanent19
injunction, or a protective order issued pursuant to R.S. 9:361 et seq., R.S. 9:372,20
R.S. 46:2131 et seq., R.S. 46:2151, Children's Code Article 1564 et seq., Code of21
Civil Procedure Articles 3604 and 3607.1, or Code of Criminal Procedure Articles22
30, 327.1, 335.2, and 871.1. If there is no threat of impending danger or no violation23
of a temporary restraining order, a preliminary or permanent injunction, or a24
protective order, the officer may arrest the predominant aggressor at the officer's25
discretion, whether or not the offense occurred in the presence of the officer. An26
arrest pursuant to the provisions of this Subparagraph shall be subject to the laws27
governing arrest, including the need for probable cause as otherwise provided by28
law. The exceptions provided for in R.S. 46:2140 this Section shall apply.29 HLS 14RS-861 REENGROSSED
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(4) As used in this Subsection:1
(a) "Dating violence" has the meaning as defined in R.S. 46:2151(C).2
(b) "Domestic abuse" has the meaning as defined in R.S. 46:2132(3).3
Section 4. Children's Code Articles 1569(H) and (I) and 1570(E), (G), and (H) are4
hereby amended and reenacted to read as follows:5
Art. 1569. Temporary restraining order6
* * *7
H. Immediately upon rendering a decision granting the relief requested by8
the petitioner, the judge shall cause to have prepared a Uniform Abuse Prevention9
Order, as provided in R.S. 46:2136.2(C), shall sign such order, and shall immediately10
forward it to the clerk of court for filing, all without delay on the day that the order11
is issued. 12
I. If a temporary restraining order is issued or extended, the clerk of the13
issuing court shall transmit the Uniform Abuse Prevention Order to the Judicial14
Administrator's Office, Louisiana Supreme Court, for entry into the Louisiana15
Protective Order Registry, as provided in R.S. 46:2136.2(A), by facsimile16
transmission, mail, or direct electronic input, where available, as expeditiously as17
possible, but no later than the end of the next business day after the order is filed18
with the clerk of court. The clerk of the issuing court shall also send a copy of the19
Uniform Abuse Prevention Order, as provided in R.S. 46:2136.2(C), or any20
modification thereof, to the chief law enforcement officer of the parish where the21
person or persons protected by the order reside. A copy of the Uniform Abuse22
Prevention Order shall be retained on file in the office of the chief law enforcement23
officer until otherwise directed by the court.24
Art. 1570. Protective orders; content; modification; service25
* * *26
E. A protective order made under this Chapter shall be served on the person27
to whom the order applied in open court at the close of the hearing, or in the same28
manner as a writ of injunction. The clerk of the issuing court shall send a copy of29 HLS 14RS-861 REENGROSSED
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the Uniform Abuse Prevention Order, R.S. 46:2136.2(C), or any modification thereof1
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 as provided4
herein until otherwise directed by the court.5
* * *6
G. Immediately upon rendering a decision granting the relief requested by7
the petitioner, the judge shall cause to have prepared a Uniform Abuse Prevention8
Order, as provided in R.S. 46:2136.2(C), shall sign such order, and shall immediately9
forward it to the clerk of court for filing, all without delay on the day that the order10
is issued. 11
H. If a protective order is issued or modified, or a consent agreement is12
agreed to or modified, the clerk of the issuing court shall transmit the Uniform Abuse13
Prevention Order to the Judicial Administrator's Office, Louisiana Supreme Court,14
for entry into the Louisiana Protective Order Registry, as provided in R.S.15
46:2136.2(A), by facsimile transmission, mail, or direct electronic input, where16
available, as expeditiously as possible, but no later than the end of the next business17
day after the order is filed with the clerk of court. The clerk of the issuing court shall18
also send a copy of the Uniform Abuse Prevention Order, as provided in R.S.19
46:2136.2(C), or any modification thereof, to the chief law enforcement officer of20
the parish where the person or persons protected by the order reside. A copy of the21
Uniform Abuse Prevention Order shall be retained on file in the office of the chief22
law enforcement officer until otherwise directed by the court.23
* * *24 HLS 14RS-861 REENGROSSED
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Section 5. Code of Civil Procedure Article 3607.1 is hereby amended and reenacted1
to read as follows:2
Art. 3607.1. Registry of temporary restraining order, preliminary injunction or3
permanent injunction, their dissolution or modification4
A. Immediately upon rendering a decision granting the petitioner a5
temporary restraining order or a preliminary or permanent injunction prohibiting a6
person from harming a family or household member or dating partner, the judge shall7
cause to have prepared a Uniform Abuse Prevention Order, as provided in R.S.8
46:2136.2(C), shall sign such order, and shall immediately forward it to the clerk of9
court for filing, all without delay on the day that the order is issued. 10
B. Where a temporary restraining order, preliminary injunction, or11
permanent injunction relative to domestic abuse or dating violence is issued,12
dissolved, or modified, the clerk of court shall transmit the Uniform Abuse13
Prevention Order to the Judicial Administrator's Office, Louisiana Supreme Court,14
for entry into the Louisiana Protective Order Registry, as provided in R.S.15
46:2136.2(A), by facsimile transmission, mail, or direct electronic input, where16
available, as expeditiously as possible, but no later than the end of the next business17
day after the order is filed with the clerk of court. The clerk of the issuing court shall18
also send a copy of the Uniform Abuse Prevention Order, as provided in R.S.19
46:2136.2(C), or any modification thereof, to the chief law enforcement officer of20
the parish where the person or persons protected by the order reside. A copy of the21
Uniform Abuse Prevention Order shall be retained on file in the office of the chief22
law enforcement officer until otherwise directed by the court.23
Section 6. Code of Criminal Procedure Articles 30(B), 327.1, 335.2(C), and 871.124
are hereby amended and reenacted to read as follows:25
Art. 30. The peace bond26
* * *27
B. If the peace bond is for the purpose of preventing domestic abuse or28
dating violence, the magistrate shall cause to have prepared a Uniform Abuse29 HLS 14RS-861 REENGROSSED
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Prevention Order, as provided in R.S. 46:2136.2(C), shall sign such order, and shall1
immediately forward it to the clerk of court for filing, all without delay on the day2
that the order is issued. The clerk of the issuing court shall transmit the Uniform3
Abuse Prevention Order to the Judicial Administrator's Office, Louisiana Supreme4
Court, for entry into the Louisiana Protective Order Registry, as provided in 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 the order is filed with the clerk of court. The clerk of the issuing court shall8
also send a copy of the Uniform Abuse Prevention Order, as provided in R.S.9
46:2136.2(C), or any modification thereof, to the chief law enforcement officer of10
the parish where the person or persons protected by the order reside. A copy of the11
Uniform Abuse Prevention Order shall be retained on file in the office of the chief12
law enforcement officer until otherwise directed by the court.13
* * *14
Art. 327.1. Bail restrictions to be transmitted to Louisiana Protective Order Registry15
If, as part of a bail restriction, an order is issued for the purpose of preventing16
violent or threatening acts or harassment against, or contact or communication with17
or physical proximity to, another person for the purpose of preventing domestic18
abuse, stalking, or dating violence, the judge shall cause to have prepared a Uniform19
Abuse Prevention Order, as provided in R.S. 46:2136.2(C), shall sign such order, and20
shall immediately forward it to the clerk of court for filing, all without delay on the21
day that the order is issued. The clerk of the issuing court shall transmit the Uniform22
Abuse Prevention Order to the Judicial Administrator's Office, Louisiana Supreme23
Court, for entry into the Louisiana Protective Order Registry, as provided in R.S.24
46:2136.2(A), by facsimile transmission, mail, or direct electronic input, where25
available, as expeditiously as possible, but no later than the end of the next business26
day after the order is filed with the clerk of court. The clerk of the issuing court shall27
also send a copy of the Uniform Abuse Prevention Order, as provided in R.S.28
46:2136.2(C), or any modification thereof, to the chief law enforcement officer of29 HLS 14RS-861 REENGROSSED
HB NO. 750
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
the parish where the person or persons protected by the order reside. A copy of the1
Uniform Abuse Prevention Order shall be retained on file in the office of the chief2
law enforcement officer until otherwise directed by the court.3
* * *4
Art. 335.2. Stalking; conditions of release5
* * *6
C. If, as part of a bail restriction, an order is issued pursuant to the provisions7
of this Article, the judge shall cause to have prepared a Uniform Abuse Prevention8
Order, as provided in R.S. 46:2136.2, shall sign such order, and shall immediately9
forward it to the clerk of court for filing, all without delay on the day that the order10
is issued. The clerk of the issuing court shall transmit the Uniform Abuse Prevention11
Order to the Judicial Administrator's Office, Louisiana Supreme Court, for entry into12
the Louisiana Protective Order Registry, as provided in R.S. 46:2136.2(A), by13
facsimile transmission, mail, or direct electronic input, where available, as14
expeditiously as possible, but no later than the end of the next business day after the15
order is filed with the clerk of court. The clerk of the issuing court shall also send16
a copy of the Uniform Abuse Prevention Order, as provided in R.S. 46:2136.2(C),17
or any modification thereof, to the chief law enforcement officer of the parish where18
the 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
Art. 871.1. Sentencing orders to be sent to Louisiana Protective Order Registry23
If part of the sentence contains an order for the purpose of preventing violent24
or threatening acts or harassment against, contact or communication with, or physical25
proximity to, another person in order to prevent domestic abuse or dating violence,26
the judge shall cause to have prepared a Uniform Abuse Prevention Order, as27
provided in R.S. 46:2136.2(C), shall sign such order, and shall immediately forward28
it to the clerk of court for filing, all without delay on the day that the order is issued.29 HLS 14RS-861 REENGROSSED
HB NO. 750
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
The clerk of the issuing court shall transmit the Uniform Abuse Prevention Order to1
the Judicial Administrator's Office, Louisiana Supreme Court, for entry into the2
Louisiana Protective Order Registry, as provided in R.S. 46:2136.2(A), by facsimile3
transmission, mail, or direct electronic input, where available, as expeditiously as4
possible, but no later than the end of the next business day after the order is filed5
with the clerk of court. The clerk of the issuing court shall also send a copy of the6
Uniform Abuse Prevention Order, as provided in R.S. 46:2136.2(C), or any7
modification thereof, to the chief law enforcement officer of the parish where the8
person or persons protected by the order reside. A copy of the Uniform Abuse9
Prevention Order shall be retained on file in the office of the chief law enforcement10
officer until otherwise directed by the court.11
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. HLS 14RS-861 REENGROSSED
HB NO. 750
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Proposed law requires the Judicial Administrator's Office to enter such orders into the
registry as expeditiously as possible.
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.
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. HLS 14RS-861 REENGROSSED
HB NO. 750
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
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.
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.
House Floor Amendments to the engrossed bill.
1. Changed the time period within which the Judicial Administrator's Office, La.
Supreme Court, is required to enter the Uniform Abuse Prevention Order into the
La. Protective Order Registry.
2. Made technical corrections.