HLS 21RS-479 REENGROSSED
2021 Regular Session
HOUSE BILL NO. 55
BY REPRESENTATIVES FREEMAN, BUTLER, CARPENTER, ECHOLS, FREIBERG,
GREEN, HILFERTY, JENKINS, MIKE JOHNSON, LARVADAIN, MARCELLE,
MARINO, MOORE, NELSON, NEWELL, PIERRE, STAGNI, 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
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1 immediate and irreparable injury, loss, or damage will result to the applicant before
2 the adverse party or his attorney can be heard in opposition, and.
3 (2) The applicant's attorney certifies to the court in writing the efforts which
4 have been made to give the notice or the reasons supporting his claim that notice
5 should not be required.
6 * * *
7 Art. 3603.1. Governing provisions for issuance of protective orders; grounds;
8 notice; court-appointed counsel
9 * * *
10 C.
11 * * *
12 (3) When a complainant is seeking a temporary restraining order for
13 protection from domestic abuse, dating violence, stalking, or sexual assault, it is
14 sufficient for the petition to contain a written affirmation signed and dated by the
15 complainant that the facts and circumstances contained in the complaint are true and
16 correct to the best knowledge, information, and belief of the complainant, under
17 penalty of perjury pursuant to R.S. 14:123. The affirmation shall be made before a
18 witness who shall sign and print his name.
19 Section 2. Children's Code Article 1568(D) is hereby amended and reenacted to read
20as follows:
21 Art. 1568. Petition
22 * * *
23 D. If the petition requests the issuance of an ex parte temporary restraining
24 order, the petition shall contain an affidavit a written affirmation signed and dated
25 by each petitioner that the facts and circumstances contained in the petition are true
26 and correct to the best knowledge, information, and belief of the petitioner, under
27 penalty of perjury pursuant to R.S. 14:123. The affirmation shall be made before a
28 witness who shall sign and print his name. Any false statement under oath contained
29 in the affidavit shall constitute perjury and shall be punishable by a fine of not more
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HB NO. 55
1 than one thousand dollars or by imprisonment with or without hard labor for not
2 more than five years, or both.
3 * * *
4 Section 3. R.S. 46:2134(D) is hereby amended and reenacted to read as follows:
5 ยง2134. Petition
6 * * *
7 D. If the petition requests the issuance of an ex parte temporary restraining
8 order, the petition shall contain an affidavit a written affirmation signed and dated
9 by each petitioner that the facts and circumstances contained in the petition are true
10 and correct to the best knowledge, information, and belief of the petitioner, under
11 penalty of perjury pursuant to R.S. 14:123. The affirmation shall be made before a
12 witness who shall sign and print his name. Any false statement under oath contained
13 in the affidavit shall constitute perjury and shall be punishable by a fine of not more
14 than one thousand dollars, or by imprisonment, with or without hard labor, for not
15 more than five years, or both.
16 * * *
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 Reengrossed 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.
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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.
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.
The House Floor Amendments to the engrossed bill:
1. Make technical changes.
2. Specify that the complainant is seeking a temporary restraining order.
3. Rearrange the placement of the statutory requirement that the complainant sign
and print his name.
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CODING: Words in struck through type are deletions from existing law; words underscored
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