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Regular Session, 2014
SENATE BILL NO. 529
BY SENATOR MORRELL
DOMESTIC VIOLENCE. Provides relative to restraining orders, protective orders, and
injunctions issued in conjunction with domestic abuse cases. (gov sig)
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 SB NO. 529
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presumption regarding the predominant aggressor; and to provide for related matters.1
Be it enacted by the Legislature of Louisiana:2
Section 1. R.S. 9:366(A) and 372(B) and (C) are hereby amended and reenacted to3
read as follows:4
§366. Injunctions5
A. All separation, divorce, child custody, and child visitation orders and6
judgments in family violence cases shall contain an injunction as defined in R.S.7
9:362. Upon issuance of such injunction, the judge shall cause to have prepared a8
Uniform Abuse Prevention Order as provided in R.S. 46:2136.2(C), shall sign such9
order, and shall immediately forward it to the clerk of court for filing and to the10
Judicial Administrator's Office, Louisiana Supreme Court for entry into the11
Louisiana Protective Order Registry, R.S. 46:2136.2(A), all without delay. The12
clerk of the issuing court shall transmit Transmittal of the Uniform Abuse13
Prevention Order to the Louisiana Protective Order Registry, R.S. 46:2136.2(A), by14
the judge shall be by facsimile transmission, mail, or direct electronic input, where15
available, as expeditiously as possible, but no later than the end of the next business16
day after on which the order was issued is filed with the clerk of court. The judge17
shall also send a copy of the Uniform Abuse Prevention Order, R.S.18
46:2136.2(C), or any modification thereof, to the chief law enforcement official19
of the parish where the person or persons protected by the order reside. A copy20
of the Uniform Abuse Prevention Order shall be retained on file in the office of21
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
shall immediately forward it to the clerk of court for filing and to the Judicial29 SB NO. 529
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Administrator's Office, Louisiana Supreme Court for entry into the Louisiana1
Protective Order Registry, R.S. 46:2136.2(A), all without delay. The judge shall2
also send a copy of the Uniform Abuse Prevention Order, R.S. 46:2136.2(C), or3
any modification thereof, to the chief law enforcement official of the parish4
where the person or persons protected by the order reside. A copy of the5
Uniform Abuse Prevention Order shall be retained on file in the office of the6
chief law enforcement officer until otherwise directed by the court.7
C. The clerk of the issuing court shall transmit Transmittal of the Uniform8
Abuse Prevention Order to the Louisiana Protective Order Registry, R.S.9
46:2136.2(A), by the judge shall be by facsimile transmission, mail, or direct10
electronic input, where available, as expeditiously as possible, but no later than the11
end of the next business day after on which the order was issued is filed with the12
clerk of court.13
Section 2. R.S. 14:79(B), (C), (E), and (F) are hereby amended and reenacted and14
R.S. 14:79(A)(3)(d) is hereby enacted to read as follows:15
§79. Violation of protective orders16
A.17
* * *18
(3) Violation of protective orders shall also include the willful disobedience19
of the following:20
* * *21
(d) A Uniform Order of Protection from Abuse in the Louisiana22
Protective Order Registry.23
B.(1) On a first conviction for violation of protective orders which does not24
involve a battery to or any act that is enumerated as a crime of violence pursuant25
to R.S. 14:2(B) against the person protected by the protective order, the offender26
shall be fined not more than five hundred dollars or imprisoned for not more than six27
months, or both.28
(2) On a second conviction for violation of protective orders which does not29 SB NO. 529
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involve a battery to or any act that is enumerated as a crime of violence pursuant1
to R.S. 14:2(B) against the person protected by the protective order, regardless of2
whether the second offense occurred before or after the first conviction, the offender3
shall be fined not more than one thousand dollars and imprisoned for not less than4
forty-eight hours nor more than six months. At least forty-eight hours of the5
sentence of imprisonment imposed under this Paragraph shall be without benefit of6
probation, parole, or suspension of sentence. If a portion of the sentence is imposed7
with benefit of probation, parole, or suspension of sentence, the court shall require8
the offender to participate in a court-approved domestic abuse counseling program.9
(3) On a third or subsequent conviction for violation of protective orders10
which does not involve a battery to or any act that is enumerated as a crime of11
violence pursuant to R.S. 14:2(B) against the person protected by the protective12
order, regardless of whether the current offense occurred before or after the earlier13
convictions, the offender shall be fined not more than one thousand dollars and14
imprisoned for not less than fourteen days nor more than six months. At least15
fourteen days of the sentence of imprisonment imposed under this Paragraph shall16
be without benefit of probation, parole, or suspension of sentence. If a portion of the17
sentence is imposed with benefit of probation, parole, or suspension of sentence, the18
court shall require the offender to participate in a court-approved domestic abuse19
counseling program, unless the offender has previously been required to participate20
in such program and, in the discretion of the judge, the offender would not benefit21
from such counseling.22
C.(1) Whoever is convicted of the offense of violation of protective orders23
where the violation involves a battery to or any act that is enumerated as a crime24
of violence pursuant to R.S. 14:2(B) against the person protected by the protective25
order, and who has not been convicted of violating a protective order or of an assault26
or battery upon the person protected by the protective order within the five years27
prior to commission of the instant offense, shall be fined not more than five hundred28
dollars and imprisoned for not less than fourteen days nor more than six months. At29 SB NO. 529
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least fourteen days of the sentence of imprisonment imposed under this Paragraph1
shall be without benefit of probation, parole, or suspension of sentence. If a portion2
of the sentence is imposed with benefit of probation, parole, or suspension of3
sentence, the court shall require the offender to participate in a court-approved4
domestic abuse counseling program as part of that probation.5
(2) Whoever is convicted of the offense of violation of protective orders6
where the violation involves a battery to or any act that is enumerated as a crime7
of violence pursuant to R.S. 14:2(B) against the person for whose benefit the8
protective order is in effect, and who has been convicted not more than one time of9
violating a protective order or of an assault or battery upon the person for whose10
benefit the protective order is in effect within the five-year period prior to11
commission of the instant offense, regardless of whether the instant offense occurred12
before or after the earlier convictions, shall be fined not more than one thousand13
dollars and imprisoned for not less than three months nor more than six months. At14
least fourteen days of the sentence of imprisonment imposed under this Paragraph15
shall be without benefit of probation, parole, or suspension of sentence. If a portion16
of the sentence is imposed with benefit of probation, parole, or suspension of17
sentence, the court shall require the offender to participate in a court-approved18
domestic abuse counseling program, unless the offender has previously been19
required to participate in such program and, in the discretion of the court, the20
offender would not benefit from such counseling.21
(3) 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 crime23
of violence pursuant to R.S. 14:2(B) against the person for whose benefit the24
protective order is in effect, and who has more than one conviction of violating a25
protective order or of an assault or battery upon the person for whose benefit the26
protective order is in effect during the five-year period prior to commission of the27
instant offense, regardless of whether the instant offense occurred before or after the28
earlier convictions, the offender shall be fined not more than two thousand dollars29 SB NO. 529
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and imprisoned with or without hard labor for not less than one year nor more than1
five years. At least one year of the sentence of imprisonment imposed under this2
Paragraph shall be without benefit of probation, parole, or suspension of sentence.3
* * *4
E.(1) Law enforcement officers shall use every reasonable means, including5
but not limited to immediate arrest of the violator, to enforce a preliminary or6
permanent injunction or protective order obtained pursuant to R.S. 9:361 et seq.,7
R.S. 9:372, R.S. 46:2131 et seq., R.S. 46:2151, Children's Code Article 1564 et seq.,8
Code of Civil Procedure Articles 3604 and 3607.1, or Code of Criminal Procedure9
Articles 327.1, 335.1 335.2, and 871.1 after a contradictory court hearing, or to10
enforce a temporary restraining order or ex parte protective order issued pursuant to11
R.S. 9:361 et seq., R.S. 9:372, R.S. 46:2131 et seq., R.S. 46:2151, Children's Code12
Article 1564 et seq., Code of Civil Procedure Articles 3604 and 3607.1, or Code of13
Criminal Procedure Articles 327.1 and 335.1 335.2 if the defendant has been given14
notice of the temporary restraining order or ex parte protective order by service of15
process as required by law.16
(2) Law enforcement officers shall immediately arrest a person in17
violation of a temporary restraining order, a preliminary or permanent18
injunction, or a protective order issued pursuant to R.S. 9:361 et seq., R.S.19
9:372, R.S. 46:2131 et seq., R.S. 46:2151, Children's Code Article 1564 et seq.,20
Code of Civil Procedure Articles 3604 and 3607.1, or Code of Criminal21
Procedure Articles 30, 327.1, 335.2, and 871.1.22
F. This Section shall not be construed to bar or limit the effect of any other23
criminal statute or civil remedy.24
* * *25
Section 3. R.S. 46:2135(G) and (H), 2136(E), (G), and (H), 2136.2(A) and (D), and26
2140 are hereby amended and reenacted to read as follows:27
§2135. Temporary restraining order28
* * *29 SB NO. 529
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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 Supreme4
Court for entry into the Louisiana Protective Order Registry, R.S. 46:2136.2(A),5
all without delay. The judge shall also send a copy of the Uniform Abuse6
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 by8
the order reside. A copy of the Uniform Abuse Prevention Order shall be9
retained on file in the office of the chief law enforcement officer until otherwise10
directed by the 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. Protective orders; content; modification; service19
* * *20
E. A protective order made under this Part shall be served on the person to21
whom the order applies in open court at the close of the hearing, or in the same22
manner as a writ of injunction. The clerk of the issuing court shall send a copy of23
the Uniform Abuse Prevention Order, R.S. 46:2136.2(C), or any modification thereof24
to the chief law enforcement official of the parish where the person or persons25
protected by the order reside. A copy of the Uniform Abuse Prevention Order shall26
be retained on file in the office of the chief law enforcement officer as provided27
herein until otherwise directed by the court.28
* * *29 SB NO. 529
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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 shall3
immediately forward it to the clerk of court for filing and to the Judicial4
Administrator's Office, Louisiana Supreme Court for entry into the Louisiana5
Protective Order Registry, R.S. 46:2136.2(A), all without delay. The judge shall6
also send a copy of the Uniform Abuse Prevention Order, R.S. 46:2136.2(C), or7
any modification thereof, to the chief law enforcement official of the parish8
where the person or persons protected by the order reside. A copy of the9
Uniform Abuse Prevention Order shall be retained on file in the office of the10
chief law enforcement officer until otherwise directed by the 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 SB NO. 529
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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 a8
family or household member or dating partner has been abused and the abusing9
party is in violation of a temporary restraining order, a preliminary or10
permanent injunction, or a protective order issued pursuant to R.S. 9:361 et11
seq., R.S. 9:372, R.S. 46:2131 et seq., R.S. 46:2151, Children's Code Article 156412
et seq., Code of Civil Procedure Articles 3604 and 3607.1, or Code of Criminal13
Procedure Articles 30, 327.1, 335.2, and 871.1, the officer shall immediately14
arrest the abusing party.15
B. Whenever a law enforcement officer has reason to believe that a family16
or household member or dating partner has been abused, and the abusing party is17
not in violation of a restraining order, a preliminary or permanent injunction,18
or a protective order, the officer shall immediately use all reasonable means to19
prevent further abuse, including:20
(1) Arresting the abusive party with a warrant or without a warrant pursuant21
to Code of Criminal Procedure Article 213, if probable cause exists to believe that22
a felony has been committed by that person, whether or not the offense occurred in23
the officer's presence.24
(2) Arresting the abusive party in case of any misdemeanor crime which25
endangers the physical safety of the abused person whether or not the offense26
occurred in the presence of the officer. If there is no cause to believe there is27
impending danger, arresting the abusive party is at the officer's discretion.28
(3) Assisting the abused person in obtaining medical treatment necessitated29 SB NO. 529
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by the battery; arranging for, or providing, or assisting in the procurement of1
transportation for the abused person to a place of shelter or safety.2
(4) Notifying the abused person of his right to initiate criminal or civil3
proceedings; the availability of the protective order, R.S. 46:2136; and the4
availability of community assistance for domestic violence victims.5
B.C.(1) When a law enforcement officer receives conflicting accounts of6
domestic abuse or dating violence, the officer shall evaluate each account separately7
to determine if one party was the predominant aggressor.8
(2) In determining if one party is the predominant aggressor, the law9
enforcement officer may consider any other relevant factors, but shall consider the10
following factors based upon his or her observation:11
(a) Evidence from complainants and other witnesses.12
(b) The extent of personal injuries received by each person.13
(c) Whether a person acted in self-defense.14
(d) An imminent threat of future injury to any of the parties.15
(e) Prior complaints of domestic abuse or dating violence, if that history can16
be reasonably ascertained by the officer.17
(f) The future welfare of any minors who are present at the scene.18
(g) The existence of a temporary restraining order, a preliminary or19
permanent injunction, or a protective order issued pursuant to R.S. 9:361 et20
seq., R.S. 9:372, R.S. 46:2131 et seq., R.S. 46:2151, Children's Code Article 156421
et seq., Code of Civil Procedure Articles 3604 and 3607.1, or Code of Criminal22
Procedure Articles 30, 327.1, 335.2, and 871.1. There shall be a rebuttable23
presumption that the predominant aggressor is the person against whom the24
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 SB NO. 529
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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.5
9:372, R.S. 46:2131 et seq., R.S. 46:2151, Children's Code Article 1564 et seq.,6
Code of Civil Procedure Articles 3604 and 3607.1, or Code of Criminal7
Procedure Articles 30, 327.1, 335.2, and 871.1. If there is no threat of impending8
danger or no violation of a temporary restraining order, a preliminary or9
permanent injunction, or a protective order, the officer may arrest the10
predominant aggressor at the officer's discretion, whether or not the offense occurred11
in the presence of the officer. An arrest pursuant to the provisions of this12
Subparagraph shall be subject to the laws governing arrest, including the need for13
probable cause as otherwise provided by law. The exceptions provided for in R.S.14
46:2140 shall apply.15
(4) As used in this Subsection:16
(a) "Dating violence" has the meaning as defined in R.S. 46:2151(C).17
(b) "Domestic abuse" has the meaning as defined in R.S. 46:2132(3).18
Section 4. Children's Code Articles 1569(H) and (I) and 1570(E), (G), and (H) are19
hereby amended and reenacted to read as follows:20
Art. 1569. Temporary restraining order21
* * *22
H. Immediately upon rendering a decision granting the relief requested by23
the petitioner, the judge shall cause to have prepared a Uniform Abuse Prevention24
Order, as provided in R.S. 46:2136.2(C), shall sign such order, and shall25
immediately forward it to the clerk of court for filing and to the Judicial26
Administrator's Office, Louisiana Supreme Court for entry into the Louisiana27
Protective Order Registry, R.S. 46:2136.2(A), all without delay. The judge shall28
also send a copy of the Uniform Abuse Prevention Order, R.S. 46:2136.2(C), or29 SB NO. 529
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any modification thereof, to the chief law enforcement official of the parish1
where the person or persons protected by the order reside. A copy of the2
Uniform Abuse Prevention Order shall be retained on file in the office of the3
chief law enforcement officer until otherwise directed by the court.4
I. If a temporary restraining order is issued or extended, the clerk of the5
issuing court shall transmit Transmittal of the Uniform Abuse Prevention Order to6
the Louisiana Protective Order Registry, R.S. 46:2136.2(A), by facsimile7
transmission, mail, or direct electronic input, where available, as expeditiously as8
possible, but no later than the end of the next business day after on which the order9
was issued is filed with the clerk of court.10
Art. 1570. Protective orders; content; modification; service11
* * *12
E. A protective order made under this Chapter shall be served on the person13
to whom the order applied in open court at the close of the hearing, or in the same14
manner as a writ of injunction. The clerk of the issuing court shall send a copy of15
the Uniform Abuse Prevention Order, R.S. 46:2136.2(C), or any modification thereof16
to the chief law enforcement official of the parish where the person or persons17
protected by the order reside. A copy of the Uniform Abuse Prevention Order shall18
be retained on file in the office of the chief law enforcement officer as provided19
herein until otherwise directed by the court.20
* * *21
G. 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 shall24
immediately forward it to the clerk of court for filing and to the Judicial25
Administrator's Office, Louisiana Supreme Court for entry into the Louisiana26
Protective Order Registry, R.S. 46:2136.2(A), all without delay. The judge shall27
also send a copy of the Uniform Abuse Prevention Order, R.S. 46:2136.2(C), or28
any modification thereof, to the chief law enforcement official of the parish29 SB NO. 529
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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 the2
chief law enforcement officer until otherwise directed by the court.3
H. If a protective order is issued or modified, or a consent agreement is4
agreed to or modified, the clerk of the issuing court shall transmit Transmittal of the5
Uniform Abuse Prevention Order to the Louisiana Protective Order Registry, R.S.6
46:2136.2(A), by facsimile transmission, mail, or direct electronic input, where7
available, as expeditiously as possible, but no later than the end of the next business8
day after on which the order was issued is filed with the clerk of court.9
* * *10
Section 5. Code of Civil Procedure Article 3607.1 is hereby amended and reenacted11
to read as follows:12
Art. 3607.1. Registry of temporary restraining order, preliminary injunction or13
permanent injunction, their dissolution or modification14
A. Immediately upon rendering a decision granting the petitioner a15
temporary restraining order or a preliminary or permanent injunction prohibiting a16
person from harming a family or household member or dating partner, the judge shall17
cause to have prepared a Uniform Abuse Prevention Order, as provided in R.S.18
46:2136.2(C), shall sign such order, and shall immediately forward it to the clerk of19
court for filing and to the Judicial Administrator's Office, Louisiana Supreme20
Court for entry into the Louisiana Protective Order Registry, R.S. 46:2136.2(A),21
all without delay. The judge shall also send a copy of the Uniform Abuse22
Prevention Order, R.S. 46:2136.2(C), or any modification thereof, to the chief23
law enforcement official of the parish where the person or persons protected by24
the order reside. A copy of the Uniform Abuse Prevention Order shall be25
retained on file in the office of the chief law enforcement officer until otherwise26
directed by the court.27
B. Where a temporary restraining order, preliminary injunction, or28
permanent injunction relative to domestic abuse or dating violence is issued,29 SB NO. 529
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dissolved, or modified, the clerk of court shall transmit Transmittal of the Uniform1
Abuse Prevention Order to the Louisiana Protective Order Registry, R.S.2
46:2136.2(A), by the judge shall be by facsimile transmission, mail, or direct3
electronic input, where available, as expeditiously as possible, but no later than the4
end of the next business day after on which the order was issued is filed with the5
clerk of court.6
Section 6. Code of Criminal Procedure Articles 30(B), 327.1, 335.2(C), and 871.17
are hereby amended and reenacted to read as follows:8
Art. 30. The peace bond9
* * *10
B. If the peace bond is for the purpose of preventing domestic abuse or11
dating violence, the magistrate shall cause to have prepared a Uniform Abuse12
Prevention Order, as provided in R.S. 46:2136.2(C), shall sign such order, and shall13
immediately forward it to the clerk of court for filing and to the Judicial14
Administrator's Office, Louisiana Supreme Court for entry into the Louisiana15
Protective Order Registry, R.S. 46:2136.2(A), all without delay. The judge shall16
also send a copy of the Uniform Abuse Prevention Order, R.S. 46:2136.2(C), or17
any modification thereof, to the chief law enforcement official of the parish18
where the person or persons protected by the order reside. A copy of the19
Uniform Abuse Prevention Order shall be retained on file in the office of the20
chief law enforcement officer until otherwise directed by the court. The clerk21
of the issuing court shall transmit Transmittal of the Uniform Abuse Prevention22
Order to the Louisiana Protective Order Registry, R.S. 46:2136.2(A), by the judge23
shall be by facsimile transmission, mail, or direct electronic input, where available,24
as expeditiously as possible, but no later than the end of the next business day after25
on which the order was issued is filed with the clerk of court.26
* * *27
Art. 327.1. Bail restrictions to be transmitted to Louisiana Protective Order Registry28
If, as part of a bail restriction, an order is issued for the purpose of preventing29 SB NO. 529
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
violent or threatening acts or harassment against, or contact or communication with1
or physical proximity to, another person for the purpose of preventing domestic2
abuse, stalking, or dating violence, the judge shall cause to have prepared a Uniform3
Abuse Prevention Order, as provided in R.S. 46:2136.2(C), shall sign such order, and4
shall immediately forward it to the clerk of court for filing and to the Judicial5
Administrator's Office, Louisiana Supreme Court for entry into the Louisiana6
Protective Order Registry, R.S. 46:2136.2(A), all without delay. The judge shall7
also send a copy of the Uniform Abuse Prevention Order, R.S. 46:2136.2(C), or8
any modification thereof, to the chief law enforcement official of the parish9
where the person or persons protected by the order reside. A copy of the10
Uniform Abuse Prevention Order shall be retained on file in the office of the11
chief law enforcement officer until otherwise directed by the court. The clerk12
of the issuing court shall transmit Transmittal of the Uniform Abuse Prevention13
Order to the Louisiana Protective Order Registry, R.S. 46:2136.2(A), by the judge14
shall be by facsimile transmission, mail, or direct electronic input, where available,15
as expeditiously as possible, but no later than the end of the next business day after16
on which the order was issued is filed with the clerk of court.17
* * *18
Art. 335.2. Stalking; conditions of release19
* * *20
C. If, as part of a bail restriction, an order is issued pursuant to the provisions21
of this Article, the judge shall cause to have prepared a Uniform Abuse Prevention22
Order, as provided in R.S. 46:2136.2, shall sign such order, and shall immediately23
forward it to the clerk of court for filing and to the Judicial Administrator's24
Office, Louisiana Supreme Court for entry into the Louisiana Protective Order25
Registry, R.S. 46:2136.2(A), all without delay. The judge shall also send a copy26
of the Uniform Abuse Prevention Order, R.S. 46:2136.2(C), or any modification27
thereof, to the chief law enforcement official of the parish where the person or28
persons protected by the order reside. A copy of the Uniform Abuse Prevention29 SB NO. 529
SLS 14RS-835 ORIGINAL
Page 16 of 18
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Order shall be retained on file in the office of the chief law enforcement officer1
until otherwise directed by the court. The clerk of the issuing court shall transmit2
Transmittal of the Uniform Abuse Prevention Order to the Louisiana Protective3
Order Registry, R.S. 46:2136.2(A), by the judge shall be by facsimile transmission,4
mail, or direct electronic input, where available, as expeditiously as possible, but no5
later than the end of the next business day after on which the order was issued is6
filed with the clerk of court.7
* * *8
Art. 871.1. Sentencing orders to be sent to Louisiana Protective Order Registry9
If part of the sentence contains an order for the purpose of preventing violent10
or threatening acts or harassment against, contact or communication with, or physical11
proximity to, another person in order to prevent domestic abuse or dating violence,12
the judge shall cause to have prepared a Uniform Abuse Prevention Order, as13
provided in R.S. 46:2136.2(C), shall sign such order, and shall immediately forward14
it to the clerk of court for filing and to the Judicial Administrator's Office,15
Louisiana Supreme Court for entry into the Louisiana Protective Order16
Registry, R.S. 46:2136.2(A), all without delay. The judge shall also send a copy17
of the Uniform Abuse Prevention Order, R.S. 46:2136.2(C), or any modification18
thereof, to the chief law enforcement official of the parish where the person or19
persons protected by the order reside. A copy of the Uniform Abuse Prevention20
Order shall be retained on file in the office of the chief law enforcement officer21
until otherwise directed by the court. The clerk of the issuing court shall transmit22
Transmittal of the Uniform Abuse Prevention Order to the Louisiana Protective23
Order Registry, R.S. 46:2136.2(A), by the judge shall be by facsimile transmission,24
mail, or direct electronic input, where available, as expeditiously as possible, but no25
later than the end of the next business day after on which the order was issued is26
filed with the clerk of court.27
Section 7. This Act shall become effective upon signature by the governor or, if not28
signed by the governor, upon expiration of the time for bills to become law without signature29 SB NO. 529
SLS 14RS-835 ORIGINAL
Page 17 of 18
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If1
vetoed by the governor and subsequently approved by the legislature, this Act shall become2
effective on the day following such approval.3
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Cathy Wells.
DIGEST
Morrell (SB 529)
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. SB NO. 529
SLS 14RS-835 ORIGINAL
Page 18 of 18
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
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 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.
Effective upon signature of the governor or lapse of time for gubernatorial action.
(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))