HLS 21RS-479 ENGROSSED
2021 Regular Session
HOUSE BILL NO. 55
BY REPRESENTATIVES FREEMAN, FREIBERG, MARCELLE, MOORE, AND WHITE
AND SENATORS BARROW, JACKSON, MIZELL, AND PETERSON
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 a witness; to provide for the crime of
8 perjury; to provide for the 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 and dated by the complainant before a witness, who shall
13 sign and print his name, that the facts and circumstances contained in the complaint
14 are true and correct to the best knowledge, information, and belief of the
15 complainant, under penalty of perjury pursuant to R.S. 14:123.
16 Section 2. Children's Code Article 1568(D) is hereby amended and reenacted to read
17as follows:
18 Art. 1568. Petition
19 * * *
20 D. If the petition requests the issuance of an ex parte temporary restraining
21 order, the petition shall contain an affidavit a written affirmation signed and dated
22 by each petitioner before a witness, who shall sign and print his name, that the facts
23 and circumstances contained in the petition are true and correct to the best
24 knowledge, information, and belief of the petitioner, under penalty of perjury
25 pursuant to R.S. 14:123. Any false statement under oath contained in the affidavit
26 shall constitute perjury and shall be punishable by a fine of not more than one
27 thousand dollars or by imprisonment with or without hard labor for not more than
28 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 and dated
6 by each petitioner before a witness, who shall sign and print his name, that the facts
7 and circumstances contained in the petition are true and correct to the best
8 knowledge, information, and belief of the petitioner, under penalty of perjury
9 pursuant to R.S. 14:123. Any false statement under oath contained in the affidavit
10 shall constitute perjury and shall be punishable by a fine of not more than one
11 thousand dollars, or by imprisonment, with or without hard labor, for not more than
12 five years, or both.
13 * * *
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 Engrossed 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.
Proposed law provides that the petition shall contain a written affirmation, rather than an
affidavit, signed and dated by the petitioner before a witness who shall sign and print his
name. Proposed law further explicitly provides the same for a complainant seeking
protection from domestic abuse, dating violence, stalking, or sexual assault.
Present law (R.S. 14:123) provides that perjury committed in a civil action shall be punished
by a fine of not more than $10,000 or imprisonment at hard labor for not more than five
years, or both. Proposed law retains present law.
Present law further provides that any false statement under oath contained in the affidavit
accompanying a petition requesting an ex parte temporary restraining order pursuant to the
Domestic Abuse Assistance Act shall constitute perjury and shall be punishable by a fine of
not more than $1,000 or by imprisonment with or without hard labor for not more than five
years, or both.
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HB NO. 55
Proposed law repeals present law and provides that the affirmation provided by proposed
law is subject to perjury pursuant to present law (R.S. 14:123).
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.
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))
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Civil Law and
Procedure to the original bill:
1. Change the punishment for perjury.
2. Require the petitioner to date the petition.
3. Require the petitioner to sign the petition before a witness who shall sign and
print his name.
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are additions.