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)]
HB 73 Original 2015 Regular Session Norton
Abstract: Expands the type of abuse or violence for which a person may seek protection pursuant
to the Protection from Family Violence and the Protection from Dating Violence Acts, and
provides relative to the issuance of an order of protection as a condition of bail for stalking
and other offenses against a family or household member or dating partner.
Present law provides for the Protection from Family Violence Act (R.S. 46:2131 et seq.) which
provides certain services, benefits, and assistance to persons seeking protection from "domestic
abuse". In addition, present law provides for the Protection from Dating Violence Act (R.S. 46:2151
et seq.) which provides that a person seeking protection from "dating violence" shall be eligible to
receive all services, benefits, and other forms of assistance provided by the Protection from Family
Violence Act.
Acts defined as "domestic abuse" or "dating violence" pursuant to the provisions of present law
include physical abuse, sexual abuse, or any offense against the person as defined by the Criminal
Code of La., except negligent injury and defamation, when committed by one family or household
member against another or by one dating partner against the other.
Proposed law retains present law, and expands the types of acts that are considered "domestic abuse"
or "dating violence" to include the threat to commit any of these acts.
Pursuant to these present law Acts, a person seeking protection from "domestic abuse" or "dating
violence":
(1)May file a petition for a protective order or a temporary restraining order.
(2)Have all court costs, attorneys fees, costs of enforcement, and modifications proceedings,
costs of appeals, evaluation fees, and expert witness fees incurred in maintaining or
defending any proceeding concerning domestic abuse assistance or dating violence assistance
paid by the perpetrator.
Present law (R.S. 46:2136.2) further provides that all orders issued pursuant to the provisions of
these Acts shall be transmitted to the Judicial Administrator's Office of the La. Supreme Court for
entry into the La. Protective Order Registry.
Present law (R.S. 46:2136.3) prohibits any person against whom the court has issued a permanent
injunction or protective order pursuant to the provisions of these Acts or pursuant to other provisions of present law, including an order issued as a condition of release on bail for the crime of stalking
or for an offense against a dating partner or a family or household member, from possessing a
firearm for the duration of the order when certain circumstances exist.
Present law (C.Cr.P. Arts. 335.1 and 335.2) provides that in determining the conditions of release
of a defendant who is alleged to have committed an offense against the defendant's family or
household member or dating partner, or who is alleged to have committed the offense of domestic
abuse battery or stalking, the court shall consider whether the defendant poses a threat or a danger
to the victim. If the court makes this determination, present law requires the court to order, as a
condition of bail, that the defendant refrain from going to the victim's residence, school, and place
of employment or otherwise contacting the victim in any manner. Any such order shall be included
in the La. Protective Order Registry, pursuant to present law.
Proposed law retains present law and provides that the court shall also make such order if requested
by the victim regardless of whether the court has determined that the defendant poses a threat or
danger to the victim.
(Amends R.S. 46:2132(3) and 2151(C) and C.Cr.P. Arts. 335.1(A)(1)(a) and 335.2(A))