Moreno (HB 750) Act No. 317
Existing 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.
Existing 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.
New law retains existing 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. However, if an order is issued as part of a bail
restriction, new law requires the judge to forward it to the clerk for filing by the end of the
next business day after the order is issued.
Prior law provided 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.
New law amends prior law to provide that the clerk shall transmit the Uniform Abuse
Prevention Order to the registry and to the chief law enforcement official of the parish where
the person or persons protected by the order reside by facsimile or direct electronic input by
the end of the next business day after the order is filed with the clerk of court.
Upon receipt of such orders, existing law requires Judicial Administrator's Office to enter the
information into the registry.
New law requires the Judicial Administrator's Office to enter such orders into the registry as
expeditiously as possible.
Existing 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.
Existing law provides for increased penalties for violations of protective orders which
involve a battery against the person who is protected by the protective order.
New law retains existing law and also provides for increased penalties for violations of
protective orders that involve any crime of violence as defined by existing law against the
person.
Existing 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 existing law.
New law retains existing law but provides that law enforcement officers shall at a minimum
issue a summons to any person in violation of a protective order.
Existing 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.
New law retains existing 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 existing law, the
officer shall immediately arrest the abusing party.
Existing law provides guidelines for the law enforcement officer to determine which party
in a domestic dispute is the predominant aggressor. In making this determination, existing
law requires law enforcement to consider certain factors. New law retains existing law and requires the law enforcement to also consider the existence
of a protective order, and further provides that the law enforcement officer shall presume that
the predominant aggressor is the person against whom the order was issued.
Existing 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.
New law retains existing law and requires the officer to also make an arrest if the
predominant aggressor is in violation of a protective order.
Effective Aug. 1, 2014.
(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)