Violation of Protective Orders

The law pertaining to a violation of a Protective Order can be found at Louisiana Revised Statute 14:79.

Legal Definition

Violation of protective orders is the willful disobedience of a preliminary or permanent injunction or protective order, after a contradictory court hearing, or the willful disobedience of a temporary restraining order or any ex parte protective order, if the defendant has been given notice of the temporary restraining order or ex parte protective order by service of process as required by law.

A defendant may also be deemed to have been properly served if tendered a certified copy of a temporary restraining order or ex parte protective order by any law enforcement officer who has been called to any scene where the named defendant is present.  Such service of a previously issued temporary restraining order or ex parte protective order if noted in the police report shall be deemed sufficient evidence of service of process and admissible in any civil or criminal proceedings.

Violation of protective orders shall also include the willful disobedience of an order of protection issued by a foreign state.

Violation of protective orders shall also include the willful disobedience of the following:

An order issued by any state, federal, parish, city, or municipal court judge, magistrate judge, commissioner or justice of the peace that a criminal defendant stay away from a specific person or persons as a condition of that defendant’s release on bond.

An order issued by any state, federal, parish, city, or municipal court judge, magistrate judge, commissioner or justice of the peace that a defendant convicted of a violation of any state, federal, parish, municipal, or city criminal offense stay away from any specific person as a condition of that defendant’s release on probation.

A condition of a parole release which requires that the parolee stay away from any specific person.

Penalties

On a first conviction which does not involve a battery to the protected person the offender shall be fined not more than $500 dollars or imprisoned for not more than 6 months, or both.

On a second conviction which does not involve a battery to the protected person,  regardless of whether the second offense occurred before or after the first conviction, the offender shall be fined not more than $1,000 dollars and imprisoned for not less than 48 hours nor more than 6 months.  At least 48 hours of the sentence of imprisonment imposed under this Paragraph shall be without benefit of probation, parole, or suspension of sentence.  If a portion of the sentence is imposed with benefit of probation, parole, or suspension of sentence, the court shall require the offender to participate in a court-approved domestic abuse counseling program.

On a third or subsequent conviction for violation of protective orders which does not involve a battery to the protected person, regardless of whether the current offense occurred before or after the earlier convictions, the offender shall be fined not more than $1,000 and imprisoned for not less than 14 days nor more than 6 months.  At least 14 days of the sentence of imprisonment imposed under this Paragraph shall be without benefit of probation, parole, or suspension of sentence.  If a portion of the sentence is imposed with benefit of probation, parole or suspension of sentence, the court shall require the offender to participate in a court-approved domestic abuse counseling program, unless the offender has previously been required to participate in such program and, in the discretion of the judge, the offender would not benefit from such counseling.

IF THE OFFENSE INVOLVES A BATTERY TO THE PROTECTED PERSON

Whoever is convicted of the offense of violation of protective orders where the violation involves a battery to the person protected, and who has NOT been convicted of violating a protective order or of an assault or battery upon the person protected by the protective order within the 5 years prior to commission of the instant offense, shall be fined not more than $500 dollars and imprisoned for not less than 14 days nor more than 6 months.  At least 14 days of the sentence of imprisonment imposed under this Paragraph shall be without benefit of probation, parole, or suspension of sentence.  If a portion of the sentence is imposed with benefit of probation, parole, or suspension of sentence, the court shall require the offender to participate in a court-approved domestic abuse counseling program as part of that probation.

Whoever is convicted of the offense of violation of protective orders where the violation involves a battery to the person for whose benefit the protective order is in effect, and who has been convicted not more than one time of violating a protective order or of an assault or battery upon the person for whose benefit the protective order is in effect within the 5 year period prior to commission of the instant offense, regardless of whether the instant offense occurred before or after the earlier convictions, shall be fined not more than $1,000 dollars and imprisoned for not less than 3 months nor more than 6 months.  At least 14 days of the sentence of imprisonment imposed under this Paragraph shall be without benefit of probation, parole, or suspension of sentence.  If a portion of the sentence is imposed with benefit of probation, parole, or suspension of sentence, the court shall require the offender to participate in a court-approved domestic abuse counseling program, unless the offender has previously been required to participate in such program and, in the discretion of the court, the offender would not benefit from such counseling.

Whoever is convicted of the offense of violation of protective orders where the violation involves a battery to the person for whose benefit the protective order is in effect, and who has more than one conviction of violating a protective order or of an assault or battery upon the person for whose benefit the protective order is in effect during the 5-year period prior to commission of the instant offense, regardless of whether the instant offense occurred before or after the earlier convictions, the offender shall be fined not more than $2,000 thousand dollars and imprisoned with or without hard labor for not less than 1 year nor more than 5 years. At least 1 year of the sentence of imprisonment imposed under this Paragraph shall be without benefit of probation, parole, or suspension of sentence.

If, as part of any sentence imposed under this Section, a fine is imposed, the court may direct that the fine be paid for the support of the spouse or children of the offender.

If you have been served with a protective order or arrested for Domestic Violence, contact Elizabeth B. Carpenter Law for a consultation.  We have the necessary experience to advocate for you in Court.