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 36 Original 2019 Regular Session Stefanski
Abstract: Requires certain notification to be given to the petitioner for a temporary restraining
order or protective order in domestic abuse cases, and provides relative to the duty of law
enforcement upon receipt of a Uniform Abuse Prevention Order.
Present law provides that upon the issuance of a temporary restraining order or protective order in
domestic abuse cases, the judge shall cause to have prepared a Uniform Abuse Prevention Order,
shall sign such order, and shall immediately forward it to the clerk of court for filing on the day that
the order is issued.
Present law further requires the clerk of the issuing court to transmit the Uniform Abuse Prevention
Order to the judicial administrator's office, La. Supreme Court, for entry into the La. Protective Order
Registry, and to send a copy of the Uniform Abuse Prevention Order, or any modification thereof,
to the chief law enforcement officer of the parish where the person or persons protected by the order
reside by facsimile transmission or direct electronic input as expeditiously as possible.
Present law provides that a copy of the Uniform Abuse Prevention Order shall be retained on file in
the office of the chief law enforcement officer until otherwise directed by the court.
Proposed law retains present law and does all of the following:
(1)Adds that the copy of the Uniform Abuse Prevention Order sent to the chief law enforcement
officer shall be reviewed by the law enforcement agency upon receipt.
(2)Requires the petitioner to be notified of the right to initiate criminal proceedings and to be
informed that the granting of a temporary restraining order or protective order does not
automatically initiate criminal proceedings against the defendant.
(Amends R.S. 46:2135(H) and 2136(H); Adds R.S. 46:2135(I) and 2136(I))