RÉSUMÉ DIGEST
ACT 394 (HB 55) 2021 Regular Session Freeman
Prior law required that a petition requesting the issuance of an ex parte temporary restraining
order pursuant to the Domestic Abuse Assistance Act contain an affidavit signed by each
petitioner that the facts and circumstances contained in the petition were true and correct to
the best knowledge, information, and belief of the petitioner.
New 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. New law further explicitly provides the same for a complainant seeking protection
from domestic abuse, dating violence, stalking, or sexual assault.
Existing 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. New law retains existing law.
Prior law further provided 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 constituted perjury and was 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.
New law repeals prior law and provides that the affirmation provided by new law is subject
to perjury pursuant to existing law (R.S. 14:123).
Existing 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.
New law retains existing law and provides that a temporary restraining order shall also be
granted when an affirmation as provided in new law shows the specific facts required by
existing law.
Effective August 1, 2021.
(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))