HLS 21RS-479 ORIGINAL
2021 Regular Session
HOUSE BILL NO. 55
BY REPRESENTATIVE FREEMAN
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
DOMESTIC ABUSE: Provides relative to protective orders
1 AN ACT
2To amend and reenact Code of Civil Procedure Article 3603(A), Children's Code Article
3 1568(D), and R.S. 46:2134(D) and to enact Code of Civil Procedure Article
4 3603.1(C)(3), relative to the issuance of protective orders; to provide for
5 complainants seeking protection from domestic abuse, dating violence, stalking, or
6 sexual assault;, to provide for the signature of the petitioner; to provide for the
7 affirmation of the petitioner; to provide for the crime of perjury; to provide for the
8 penalty of perjury; and to provide for related matters.
9Be it enacted by the Legislature of Louisiana:
10 Section 1. Code of Civil Procedure Article 3603(A) is hereby amended and
11reenacted and Code of Civil Procedure Article 3603.1(C)(3) is hereby enacted to read as
12follows:
13 Art. 3603. Temporary restraining order; affidavit or affirmation of irreparable injury
14 and notification efforts
15 A. A temporary restraining order shall be granted without notice when all of
16 the following occur:
17 (1) It clearly appears from specific facts shown by a verified petition or, by
18 supporting affidavit, or by affirmation as provided in Article 3603.1(C)(3) that
19 immediate and irreparable injury, loss, or damage will result to the applicant before
20 the adverse party or his attorney can be heard in opposition, and.
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HB NO. 55
1 (2) The applicant's attorney certifies to the court in writing the efforts which
2 have been made to give the notice or the reasons supporting his claim that notice
3 should not be required.
4 * * *
5 Art. 3603.1. Governing provisions for issuance of protective orders; grounds;
6 notice; court-appointed counsel
7 * * *
8 C.
9 * * *
10 (3) When a complainant is seeking protection from domestic abuse, dating
11 violence, stalking, or sexual assault, it is sufficient for the petition to contain a
12 written affirmation signed by the complainant that the facts and circumstances
13 contained in the complaint are true and correct to the best knowledge, information,
14 and belief of the complainant. Any false statement contained in the petition shall
15 constitute perjury and shall be punishable by a fine of not more than one thousand
16 dollars or by imprisonment with or without hard labor for not more than five years,
17 or both.
18 Section 2. Children's Code Article 1568(D) is hereby amended and reenacted to read
19as follows:
20 Art. 1568. Petition
21 * * *
22 D. If the petition requests the issuance of an ex parte temporary restraining
23 order, the petition shall contain an affidavit a written affirmation signed by each
24 petitioner that the facts and circumstances contained in the petition are true and
25 correct to the best knowledge, information, and belief of the petitioner. Any false
26 statement under oath contained in the affidavit petition shall constitute perjury and
27 shall be punishable by a fine of not more than one thousand dollars or by
28 imprisonment with or without hard labor for not more than five years, or both.
29 * * *
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HB NO. 55
1 Section 3. R.S. 46:2134(D) is hereby amended and reenacted to read as follows:
2 ยง2134. Petition
3 * * *
4 D. If the petition requests the issuance of an ex parte temporary restraining
5 order, the petition shall contain an affidavit a written affirmation signed by each
6 petitioner that the facts and circumstances contained in the petition are true and
7 correct to the best knowledge, information, and belief of the petitioner. Any false
8 statement under oath contained in the affidavit petition shall constitute perjury and
9 shall be punishable by a fine of not more than one thousand dollars, or by
10 imprisonment, with or without hard labor, for not more than five years, or both.
11 * * *
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 55 Original 2021 Regular Session Freeman
Abstract: Authorizes use of a written affirmation to support a petition for an ex parte
temporary restraining order in domestic abuse cases.
Present law provides that a petition requesting the issuance of an ex parte temporary
restraining order pursuant to the Domestic Abuse Assistance Act shall contain an affidavit
signed by each petitioner that the facts and circumstances contained in the petition are true
and correct to the best knowledge, information, and belief of the petitioner. Present law
further provides that any false statement under oath contained in the affidavit shall constitute
perjury and shall be punishable by a fine of not more than $1000 or by imprisonment with
or without hard labor for not more than five years, or both.
Proposed law provides that the petition shall contain a written affirmation, rather than an
affidavit, signed by the petitioner. Proposed law further explicitly provides the same for a
complainant seeking protection from domestic abuse, dating violence, stalking, or sexual
assault.
Present law provides that a temporary restraining order shall be granted without notice when:
(1)It clearly appears from specific facts shown by a verified petition or by supporting
affidavit that immediate and irreparable injury, loss, or damage will result to the
applicant before the adverse party or his attorney can be heard in opposition.
(2)The applicant's attorney certifies to the court in writing the efforts which have been
made to give the notice or the reasons supporting his claim that notice should not be
required.
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HB NO. 55
Proposed law retains present law and provides that a temporary restraining order shall also
be granted when an affirmation as provided in proposed law shows the specific facts
required by present law.
(Amends C.C.P. Art. 3603(A), Ch.C. Art. 1568(D), and R.S. 46:2134(D); Adds C.C.P. Art
3603.1(C)(3))
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.