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.
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))