Divorce Attorney - Using Protective Orders in Louisiana

Because of its inherent nature, a divorce attorney often times will use protective orders. As such, we believe it is important for you to have a general understanding of what is involved in seeking a protective order. Generally speaking, a protective order is a restraining order barring a person from contacting or attempting to contact the claimant. If the trial grants the TRO, the matter shall be set for a hearing within 20 days at which time cause must be shown why a protective order should not be issued.

In this blog, we will review the McCann case. Barbara requested the issuance of an ex parte (TRO) prohibiting Judson, her husband, from threatening and harassing her. From a divorce attorney perspective here are the facts that justified a protective order in this case. After the marriage ended, Judson appeared at Barbara’s home sweating from jogging and complaining of chest pains. Barbara drove him to his house in the co-owned Mercedes, which is in her possession. After arriving to Judson’s home, he stopped faking to be suffering from chest pains and made a grab for the car keys in her possession. As a result, he obtained the keys cutting her arm in the process. The police were called and a request for domestic abuse battery prosecution was made. A few days later, the tires on Barbara’s Mercedes were slashed. Shortly thereafter, property belonging to her son who is also her neighbor was thrown in the lake located behind the son’s house. Property surveillance revealed that it was Judson who was the perpetrator.

So the question for a divorce attorney in this case was did Judson’s conduct rise to the level sufficient for a court to issue a protective order? Battery is defined in part as the intentional use of force or violence upon the person of another. Analyzing the specific facts set forth in this case, it is clear that Judson’s actions constituted a Domestic Abuse Battery.

Under the domestic abuse statute, it is also clear that the legislature’s intent was to provide swift and effective protection from the abusive household family member. Hence, it is no surprise the appellate court affirmed the trial court’s judgment issuing a protective order against Judson. What can we learn from this case? If you ever feel threatened by a household family member, do not hesitate to contact a divorce attorney.

After such order has been issued, it’s the opposing family member’s job to show why a permanent protective order should not be issued. Hence, it is ever so more important to win at the initial setting. Seeking a protective order is a serious matter and deserves immediate attention, and it can be important to hire a divorce attorney able to provide you with all your legal needs.

The above is simply information on the law, not legal advice. Will Beaumont is an attorney in New Orleans, La.