Temporary Restraining Order in Louisiana: Filing and Duration

A temporary restraining order in Louisiana is an emergency court order that restrains someone from harming you, contacting you, or damaging your interests while a fuller hearing is scheduled. State law offers two separate tracks. A general civil TRO under Code of Civil Procedure Articles 3601 through 3610 covers disputes where someone faces irreparable injury a money judgment can’t fix. A domestic abuse TRO under Revised Statutes 46:2131 through 2136 is a faster, no-cost path for people in danger from a spouse, former spouse, household member, dating partner, or family member. The right track depends on your relationship to the other person and the kind of harm you’re facing.

Which Track Applies to You

Start with the relationship. If the person you need protection from is a current or former spouse, someone who lives or lived with you, a dating partner, or a family member, the domestic abuse track is built for you. The standard is “immediate and present danger of abuse,” there are no filing fees, and you cannot be required to post a security bond.¹²

If the other person is a neighbor, a former business partner, a stranger who is harassing you, or anyone else outside those relationships, you’re on the civil track. Under Article 3601, a court may issue an injunction — and a TRO as its emergency form — when the applicant would otherwise suffer irreparable injury, loss, or damage. That word “irreparable” is doing real work: if money damages after trial could make you whole, a court will not grant a TRO. Typical examples include destruction of unique property, disclosure of trade secrets, or ongoing threats where no other remedy protects you in the meantime.³

One boundary worth naming: a TRO does not itself file criminal charges. If you want the abuser or harasser prosecuted for the underlying conduct, that’s a separate process you have to pursue.¹

Filing a Domestic Abuse TRO

You file the petition in the district court where you live or where the abuser lives. The petition must include the names of the parties, the facts and circumstances of the abuse, your relationship to the abuser, and the protective orders you’re asking for. Your address can be kept confidential.⁴

If you want an ex parte TRO — one issued before the abuser is notified — the petition must include a written affirmation, signed under penalty of perjury and witnessed, that the facts are true and correct to the best of your knowledge.⁴

The financial barriers are deliberately low. You cannot be required to prepay court costs, service fees, or subpoena costs, and the clerk must immediately file and process the petition regardless of ability to pay. If the court grants the TRO, those costs can be shifted to the defendant. The court evaluates the petition on a “good cause” standard, and showing immediate and present danger of abuse satisfies it. A judge can also issue an emergency TRO outside regular court hours.⁴¹

Filing a Civil TRO

The civil track is stricter about ex parte relief. Under Article 3603, getting a TRO without notifying the other side first requires two things. The petition must be verified or supported by an affidavit showing specific facts that demonstrate immediate and irreparable harm will occur before the other party can respond. General allegations won’t do. Your attorney must also certify in writing what efforts were made to notify the other party, or explain why no notice should be required.⁵

A civil petitioner must also post a security bond in an amount set by the court before the order takes effect. The bond covers costs and damages the restrained party would sustain if the TRO turns out to have been wrongly issued. That bond requirement does not apply when the petitioner seeks protection from domestic abuse, dating violence, stalking, or sexual assault.²

What a Domestic Abuse Order Can Include

Relief under a domestic abuse protective order is broader than most people expect. Beyond ordering the abuser to stop all contact and stay away, the court can award temporary custody of children, order temporary child or spousal support, grant the petitioner exclusive possession of the shared residence even if the abuser owns it, and evict the abuser from the home.⁶

The court can also order a medical or mental health evaluation of the abuser, conducted by an independent evaluator with domestic-abuse expertise and no prior relationship with the abuser, and may require counseling or treatment based on the results.⁶

During the TRO period, the restrained party has the right to return to the family home one time to collect personal clothing and necessities, but only while accompanied by a law enforcement officer.¹

How Long the Order Lasts

Civil TROs

A civil TRO expires no more than ten days after entry, as prescribed by the court. The order must be stamped with the exact date and hour of issuance, filed with the clerk, and must explain why it was granted without notice and a hearing. Before it expires, the court can extend it for one or more additional periods of no longer than ten days each on a showing of good cause, and the restrained party can consent to a longer extension. A hearing on the preliminary injunction must be scheduled two to ten days after the opposing party is served.⁷⁸

Domestic Abuse TROs

A domestic abuse TRO remains in force until the hearing on the protective order or for 30 days, whichever comes first. That hearing must be set within 21 days, and the defendant must be served with notice of the TRO and the hearing within 24 hours of issuance. If the hearing is continued, the court must extend the TRO as necessary, though continuances generally cannot exceed 15 days unless good cause is shown.¹

After a full hearing, a final domestic abuse protective order can last up to 18 months and may be extended after a contradictory hearing. Provisions specifically ordering the abuser to stop abusing, harassing, or interfering with the protected person can be made indefinite.⁶

Firearm Restrictions

A permanent injunction or protective order triggers a state firearm ban when the order includes a finding that the restrained person represents a credible threat to the physical safety of a family member, household member, or dating partner, and the order informs the person they are prohibited from possessing firearms under both federal and state law. The ban lasts for the duration of the order.⁹

Federal law adds its own restriction. Under 18 U.S.C. 922(g)(8), it is illegal to possess a firearm or ammunition while subject to a qualifying court order issued after a hearing where the person received actual notice and had the opportunity to participate, and that either includes a credible-threat finding or explicitly prohibits the use or threatened use of physical force against an intimate partner or child. Ex parte TROs issued before a hearing generally do not trigger the federal ban, but a final protective order issued after a full hearing typically does.¹⁰

Penalties for Violating an Order

Disobeying a civil restraining order or injunction is punishable as contempt of court, with a maximum fine of $1,000, up to six months in jail, or both.¹¹

Violating a domestic abuse protective order is a separate criminal offense under RS 14:79, and the penalties escalate quickly:

First offense: a fine of up to $500, imprisonment for up to six months, or both.
Second or subsequent offense: a fine of up to $1,000 and imprisonment of 14 days to two years, with at least 14 days served without probation or parole, plus mandatory participation in a domestic abuse intervention program.
Violation involving battery or a crime of violence: a fine of up to $1,000 and imprisonment of three months to two years, with at least 30 days served without probation or parole.

A first offense is a misdemeanor with modest penalties; a second offense or one involving physical violence carries mandatory jail time that cannot be suspended.¹²

After the Order Is Signed

Getting the judge’s signature is the first step, not the last. The clerk must immediately file and process the order, and service on the respondent happens through law enforcement or a process server. For domestic abuse TROs, service must occur within 24 hours of issuance. The order is not enforceable against the respondent until they’ve been served, so any delay in service shortens the window of real protection.¹

Once served, the order is filed as a Uniform Abuse Prevention Order in a statewide registry that law enforcement can access. Keep a certified copy on you. If the respondent violates the order, call law enforcement; officers can verify the order through the registry and make an arrest on the spot.

1
Louisiana State Legislature. Louisiana Revised Statutes RS 46-2135
2
Justia. Louisiana Code of Civil Procedure Article 3610
3
Justia. Louisiana Code of Civil Procedure Article 3601
4
Justia. Louisiana Revised Statutes 46-2134 – Petition
5
Louisiana State Legislature. Louisiana Code of Civil Procedure Art. 3603
6
Louisiana State Legislature. Louisiana Revised Statutes RS 46-2136
7
Justia. Louisiana Code of Civil Procedure Article 3604
8
Justia. Louisiana Code of Civil Procedure Article 3602
9
Louisiana State Legislature. Louisiana Revised Statutes RS 46-2136.3
10
Office of the Law Revision Counsel. 18 USC 922 – Unlawful Acts
11
Louisiana State Legislature. Louisiana Revised Statutes RS 13-4611 – Punishment for Contempt of Court
12
FindLaw. Louisiana Revised Statutes Tit. 14, Sect. 79 – Violation of Protective Orders