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Prepared by Alden A. Clement, Jr.
Moreno HB No. 750
(KEYWORD, SUMMARY, AND DIGEST as amended by Senate committee
amendments)
FAMILY VIOLENCE: Provides relative to restraining orders, protective orders, and
injunctions issued in conjunction with domestic abuse cases
DIGEST
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 and to the chief
law enforcement officer of the parish in which the person or persons protected by the order
reside 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 and to the chief law enforcement officer of the parish in which the
person or persons protected by the order reside 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 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. Page 2 of 3
Prepared by Alden A. Clement, Jr.
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 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.
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. Page 3 of 3
Prepared by Alden A. Clement, Jr.
2. Made technical corrections.
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Judiciary C to the
reengrossed bill
1. Add provisions relative to transmitting Uniform Abuse Prevention Order to the
chief law enforcement officer of the parish in which the person or persons
protected by the order reside.