RS 46:2134

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RS 46:2134

§2134. Petition

A. A petition filed under the provisions of this Part shall contain the following:

(1)The name of each petitioner and each person on whose behalf the petition is filed, and the name, address, and parish of residence of each individual alleged to have committed abuse, if known; if the petition is being filed on behalf of a child or person alleged to be incompetent, the relationship between that person and the petitioner.

(2)The facts and circumstances concerning the alleged abuse.

(3)The relationship between each petitioner and each individual alleged to have committed abuse.

(4)A request for one or more protective orders.

(5)If desired, a request for a competent interpreter for a non-English-speaking principal party or witness to the proceeding.

B. The address and parish of each petitioner and each person on whose behalf the petition is filed may remain confidential with the court.

C. If the petition requests a protective order for a spouse and alleges that the other spouse has committed abuse, the petition shall state whether a suit for divorce is pending.

D. If the petition requests the issuance of an ex parte temporary restraining order, the petition shall contain a written affirmation signed and dated by each petitioner that the facts and circumstances contained in the petition are true and correct to the best knowledge, information, and belief of the petitioner, under penalty of perjury pursuant to R.S. 14:123. The affirmation shall be made before a witness who shall sign and print his name.

E. If a suit for divorce is pending, any application for a protective order shall be filed in that proceeding and shall be heard within the delays provided by this Part. Any decree issued in a divorce proceeding filed subsequent to a petition filed or an order issued pursuant to this Part may, in the discretion of the court hearing the divorce proceeding, supersede in whole or in part the orders issued pursuant to this Part. Such subsequent decree shall be forwarded by the rendering court to the court having jurisdiction of the petition for a protective order and shall be made a part of the record thereof.

The findings and rulings made in connection with such protective orders shall not be res judicata in any subsequent proceeding.

F. A petitioner shall not be required to prepay or be cast with court costs or costs of service or subpoena for the filing of the petition or the issuance of a temporary restraining order or protective order pursuant to this Part, and the clerk of court shall immediately file and process the petition and temporary restraining order issued pursuant to this Part, regardless of the ability of the petitioner to pay court costs.

G. If the court orders the issuance of a temporary restraining order, the defendant may be cast for all costs.

Added by Acts 1982, No. 782, §2; Acts 1990, No. 361, §2, eff. Jan. 1, 1991; Acts 1997, No. 1156, §7; Acts 2001, No. 430, §2; Acts 2005, No. 191, §1; Acts 2019, No. 406, §2, eff. June 20, 2019; Acts 2021, No. 394, §3.