How to Get a Restraining Order in Louisiana: Process, Proof & Timeline

Direct answer: In Louisiana, a person experiencing domestic abuse can ask a court for an emergency temporary restraining order (TRO) the same day, without notifying the abuser first, if the judge finds "good cause" — and a showing of immediate and present danger of abuse is enough to satisfy that standard. That emergency order is a bridge to a full court hearing, at which the judge can issue a longer-lasting protective order. This process runs under Louisiana's Domestic Abuse Assistance Act, La. R.S. 46:2131 et seq., and — for people dating but never living together — the related Protection from Dating Violence Act, La. R.S. 46:2151.

Who is covered

Louisiana's domestic-abuse protective-order law does not only apply to married couples. It protects "family members," which the statute defines to include spouses, former spouses, parents and children, step- and foster relationships, other ascendants and descendants, and the other parent of your child. It also protects "household members" — people who live together or formerly lived together in a sexual or intimate relationship, plus children living in that home. "Domestic abuse" itself is defined broadly: physical or sexual abuse, or almost any Criminal Code offense committed against the person, with two specific exceptions carved out — negligent injury and defamation are not counted as domestic abuse for these purposes.

If you are or were in a dating relationship with the person but never lived with them, you are not left out. Louisiana's Protection from Dating Violence Act defines a "dating partner" as someone who is or has been in a social relationship of a romantic or intimate nature with you, and it makes dating-violence victims eligible for the same services and the same protective-order remedies available under the main Domestic Abuse Assistance Act.

Step one: the emergency temporary restraining order (TRO)

You do not have to wait for a full hearing to get protection. Louisiana law lets a court issue a TRO in an ex parte proceeding — meaning the other party does not have to be present or even notified in advance — "upon good cause shown." The statute is explicit that showing immediate and present danger of abuse constitutes good cause. Importantly, the judge is required to consider your entire past history of abuse or threats when deciding whether that danger exists, and the law states there is no requirement that the abuse itself be recent, immediate, or present — an older pattern of abuse can still support an emergency order today.

Time-sensitive: once a TRO is issued, Louisiana law requires that the person it's issued against be served with the TRO and notice of the next hearing within 24 hours of the order being signed. Do not assume the other side will simply be informed on their own timeline — the clock on service starts immediately.

Step two: the show-cause hearing

A TRO is temporary by design. Louisiana law requires the court to set a full hearing — called a "rule to show cause" — where a judge decides whether to issue a longer protective order.

• If a TRO was granted, that show-cause hearing must be set within 21 days of the TRO.
• If the judge did not grant a TRO at the outset, the show-cause hearing must still be set, within 10 days from service of the petition on the other party.

At the show-cause hearing, the burden shifts to you as the petitioner: you must prove the allegations of abuse by a "preponderance of the evidence" — meaning it is more likely than not that the abuse occurred. This is a civil hearing, not a criminal trial, so the standard of proof is lower than "beyond a reasonable doubt," but you still need to be prepared to describe what happened, and bring any documentation, messages, photos, or witnesses that support your account.

Step three: the protective order itself

If the judge is persuaded, Louisiana law allows a protective order (or a consent agreement between the parties approved by the court) covering a wide range of relief — including, where there's a legal duty of support, an order requiring temporary support or provision of suitable housing for you, your minor children, or a person alleged to be incompetent who lives in the household.

Time-sensitive — duration: a final protective order or approved consent agreement is only good for a fixed period, and Louisiana law caps that period at 18 months. It can be extended, but only after another contradictory hearing (meaning both sides get notice and a chance to be heard) before it expires. There is one important exception: the portion of an order that simply directs the abuser to refrain from abusing, harassing, or interfering with you can be made permanent, without the 18-month limit. If your protective order is approaching its expiration date, mark that date and start the extension process before it lapses — don't wait until the order has already run out.

Enforcement: what happens if the order is violated

Louisiana law puts real teeth behind these orders. If a law enforcement officer has reason to believe a family or household member, or dating partner, has been abused and the abusing party is violating a TRO, injunction, or protective order, the officer is directed to arrest the abusing party immediately — it is not left to the officer's discretion. This duty applies to orders issued under several related Louisiana statutes covering domestic abuse, dating violence, and related injunctions.

There is also a federal backstop. Under the federal Violence Against Women Act, a valid protective order issued in Louisiana must be honored and enforced in every other state, tribe, or U.S. territory, just as if it had been issued there — so moving out of state does not void your protection. Federal law separately makes it a crime to cross state lines to stalk a partner or to violate a protection order, layering federal criminal exposure on top of Louisiana's own enforcement scheme.

What you can do in Louisiana

1. If you are in immediate danger, call 911 first. A protective order is a civil court remedy — it does not replace emergency police response.
2. Petition the court for a TRO. You can ask a Louisiana court to act on an ex parte basis, without prior notice to the other party, if you can show immediate and present danger. Bring whatever history of abuse you have — Louisiana law says the court must weigh your entire past history, even if the most recent incident wasn't yesterday.
3. Track the service clock. Once a TRO issues, service on the other party is required within 24 hours — confirm with the court or law enforcement that service was completed.
4. Prepare for the show-cause hearing that Louisiana law requires within 21 days (if a TRO was granted) or 10 days from service (if it wasn't). Organize evidence and witnesses ahead of time, since you'll need to meet the preponderance-of-the-evidence standard.
5. Calendar the expiration date if a protective order is granted, since Louisiana caps most protective-order relief at 18 months and extension requires a new contradictory hearing before that date passes.
6. Report violations immediately. Louisiana law directs officers to make an immediate arrest when there's reason to believe an order has been violated — call law enforcement rather than confronting the other party yourself.
7. Confirm current details with your court. Filing locations, forms, and any fees can vary and change; check with your parish court or a local advocate for the current procedure, since this article covers the statutory framework, not every administrative detail.

This article explains general Louisiana statutory provisions and is not legal advice; consult a Louisiana attorney or your local court about your specific situation.