§ 46:2131 The purpose of this Part is to recognize and address the complex legal and social problems created by domestic violence. The legislature finds that existing laws which regulate the d
§ 46:2132 As used in this Part:
§ 46:2133 A. Any court in the state of Louisiana which is empowered to hear family or juvenile matters shall have jurisdiction over proceedings appropriate to it under this Part.
§ 46:2134 A. A petition filed under the provisions of this Part shall contain the following:
§ 46:2135 A. Upon good cause shown in an ex parte proceeding, the court may enter a temporary restraining order, without bond, as it deems necessary to protect from abuse the petitioner, any m
§ 46:2136 A. The court may grant any protective order or approve any consent agreement to bring about a cessation of domestic abuse as defined in R.S. 46:2132, or the threat or danger thereof,
§ 46:2136.1 A. Except as provided in Subsection B of this Section, all court costs, attorney fees, costs of enforcement and modification proceedings, costs of appeal, evaluation fees, and expert
§ 46:2136.2 A. In order to provide a statewide registry for abuse prevention orders to prevent domestic abuse, dating violence, stalking, and sexual assault and to aid law enforcement, prosecuto
§ 46:2136.3 A. Any person against whom the court has issued a permanent injunction or a protective order pursuant to a court-approved consent agreement or pursuant to the provisions of R.S. 9:36
§ 46:2138 Assistance; clerk of court; domestic abuse advocate
§ 46:2139 Other relief not affected
§ 46:2140 A. If a law enforcement officer has reason to believe that a family or household member or dating partner has been abused and the abusing party is in violation of a temporary restrai
§ 46:2141 Reporting
§ 46:2142 Immunity
§ 46:2143 Use of electronic monitoring of offenders; pilot program
criminal case

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Terms Used In Louisiana Revised Statutes > Title 46 > Chapter 28 > Part II - Domestic Abuse Assistance

  • Adult: means any person eighteen years of age or older, or any person under the age of eighteen who has been emancipated by marriage or otherwise. See Louisiana Revised Statutes 46:2132
  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Allegation: something that someone says happened.
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Arrest: Taking physical custody of a person by lawful authority.
  • Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
  • Clerk of court: An officer appointed by the court to work with the chief judge in overseeing the court's administration, especially to assist in managing the flow of cases through the court and to maintain court records.
  • Continuance: Putting off of a hearing ot trial until a later time.
  • Court: shall mean any court of competent jurisdiction in the state of Louisiana. See Louisiana Revised Statutes 46:2132
  • Dating partner: means any person protected from violence under La. See Louisiana Revised Statutes 46:2132
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Department: means the Department of Children and Family Services or the Louisiana Department of Health. See Louisiana Revised Statutes 46:1
  • Domestic abuse: includes but is not limited to physical or sexual abuse and any offense against the person, physical or non-physical, as defined in the Criminal Code of Louisiana, except negligent injury and defamation, committed by one family member, household member, or dating partner against another. See Louisiana Revised Statutes 46:2132
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Family members: means spouses, former spouses, parents and children, stepparents, stepchildren, foster parents, foster children, other ascendants, and other descendants. See Louisiana Revised Statutes 46:2132
  • Household members: means any person presently or formerly living in the same residence with the defendant and who is involved or has been involved in a sexual or intimate relationship with the defendant, or any child presently or formerly living in the same residence with the defendant, or any child of the defendant regardless of where the child resides. See Louisiana Revised Statutes 46:2132
  • In forma pauperis: In the manner of a pauper. Permission given to a person to sue without payment of court fees on claim of indigence or poverty.
  • Indigent: means any person who meets the state definition of indigent who would have qualified for indigent care in any general hospital owned and operated by the state of Louisiana prior to arrest and who is housed in any parish or municipal jail or detention facility or state prison, shall be treated in the nearest general hospital owned and operated by the state of Louisiana. See Louisiana Revised Statutes 46:17
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • person: includes a body of persons, whether incorporated or not. See Louisiana Revised Statutes 1:10
  • Personal property: All property that is not real property.
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
  • Service of process: The service of writs or summonses to the appropriate party.
  • Subpoena: A command to a witness to appear and give testimony.
  • Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.
  • Venue: The geographical location in which a case is tried.
  • Writ: A formal written command, issued from the court, requiring the performance of a specific act.