Getting legal protection in place when safety is at stake.
Worrying about your safety, or the safety of your children, in your own home is one of the hardest situations a family can face. Louisiana law allows for protective orders that put real legal consequences in place when someone is threatening, hurting, harassing, or stalking you. The process can move quickly when it needs to.
The Johnson Firm helps people across Lake Charles and Calcasieu Parish get protective orders in place and follow through on the family law issues that come along with them. To talk through your situation, call (337) 509-3371.
Why people in Southwest Louisiana hire The Johnson Firm for protective orders
Getting a protective order in place quickly is often the difference between an immediate safety problem and a longer-term plan for your family. The Johnson Firm has handled protective order matters for families across Lake Charles and the surrounding parishes for decades. Our team works regularly through the Calcasieu Parish family court system, including filings in the 14th Judicial District Family and Juvenile Court.
What began as a solo practice founded by Terry Johnson—later taken over by his sons Jonathan and Adam Johnson—has grown into a team of four Lake Charles family law attorneys (Jonathan Johnson, Erin Abrams, Becky Hunter, and Ashlyn Esterly) serving families across Calcasieu, Cameron, Beauregard, Jeff Davis, and Allen Parishes. Together, we have more than 45 years of combined experience and have represented over 3,500 families.
Protective order cases often arrive alongside other family law issues: custody disputes, divorce filings, support questions, and questions about who stays in the family home. We handle those pieces in coordination, so the order you get isn’t operating in a vacuum.
Client reviews
| ★★★★★“I had an outstanding experience with The Johnson Law Firm and Becky Hunter! From the beginning, Becky was attentive, compassionate, and incredibly knowledgeable. She made an overwhelming process feel manageable by explaining every step and consistently advocating for my best interests. Her professionalism and dedication gave me true peace of mind, and I felt completely supported with her in my corner.” — Kullen M. |
| ★★★★★“After a two-year custody battle, [The Johnson Firm] proved to be professional, effective, and worth every penny. Jonathan, Erin, and LaToya always looked out for my daughter’s best interests and went the extra mile.” — Steffan W. |
Types of protective orders in Louisiana
Louisiana law offers several different protective orders, depending on the relationship between the parties and the type of harm involved. The most common types we see in Calcasieu Parish family court cases:
Temporary Restraining Order (TRO)
A TRO is an ex parte filing, which means the judge can review the petition and issue the order the same day without the other side being present in court. The TRO stays in effect until the hearing, which Louisiana law requires to be held within 21 days of the TRO being issued.
Protective order
A protective order is issued after a hearing where both sides have a chance to be heard. The standard duration is up to 18 months in domestic abuse cases. Protective orders can include specific provisions tied to your situation: ordering the other person to stay away, ordering them out of a shared home, awarding temporary custody, and ordering temporary support.
Louisiana protective orders fall under several statutes depending on the relationship and circumstances:
- Domestic Abuse Assistance Act (La. R.S. 46:2131 et seq.) for family or household members
- Protection from Dating Violence Act (La. R.S. 46:2151 et seq.) for current or former dating partners
- Children’s Code Domestic Abuse Assistance Act (La.Ch.Code 1564 et seq.) for children
- Protection from Stalking Act (La. R.S. 46:2171 et seq.) for stalking victims
- Protection for Victims of Sexual Assault Act (La. R.S. 46:2181 et seq.) for victims of nonconsensual sexual contact
Stalking and sexual assault victims can file under the relevant statute even when the parties aren’t related and don’t share a home, which is one of the major differences between those orders and standard domestic abuse protective orders.
Indefinite or permanent protective order
In cases involving especially severe or pervasive abuse, the court can issue an indefinite protective order rather than the standard 18-month order. Under La. R.S. 46:2136(F)(2), an indefinite order stays in effect until the court rescinds or modifies it after a hearing. Permanent protective orders are also available under La. R.S. 46:2136.3 in cases involving certain felony convictions against the petitioner. “Permanent” doesn’t mean forever in either situation, but it does mean the order doesn’t expire automatically.
Injunctions in divorce proceedings
A spouse going through a divorce can also request an injunction against domestic abuse or harassment under the Post-Separation Family Violence Relief Act (La. R.S. 9:372 et seq.). These work similarly to protective orders but are issued as part of a divorce or separation proceeding rather than as a standalone case.
Who can file for a protective order in Louisiana?
Louisiana’s protective order laws cover different relationships. You may be able to file for a protective order if you are:
- A current or former spouse
- A parent, child, stepparent, stepchild, foster parent, or foster child of the abuser
- A grandparent being abused by an adult child or grandchild
- A current or former dating partner
- Someone who currently or formerly lived with the abuser in an intimate relationship
- A victim of stalking or sexual assault (regardless of relationship)
What can a protective order do?
A protective order can include several specific provisions, depending on your situation. Common provisions include:
- Prohibiting the other person from contacting you by phone, text, social media, or through a third party
- Ordering them to stay a specific distance away from your home, workplace, school, and other places you go
- Ordering them to move out of a shared residence
- Granting you temporary custody of any children you share
- Ordering temporary child support or spousal support
- Awarding temporary use of a vehicle, household furnishings, pets, or other property
- Prohibiting them from possessing firearms while the order is active
- Ordering them to attend domestic abuse counseling or treatment
The judge tailors the order to what the situation calls for. A family law attorney can help you think through which provisions matter most for your safety and your family’s stability.
How to file for a protective order in Calcasieu Parish
The process to file for a protective order in Calcasieu Parish typically follows these steps:
- Petition filed. A petition for protection from abuse is filed with the Calcasieu Clerk of Court. The petition describes the relationship with the other party, the recent abuse or threats, and what relief you’re asking for.
- Ex parte filing. If the situation calls for immediate protection, the judge can review the petition the same day and issue a temporary restraining order without the other party being present.
- Service on the other party. The other person has to be served with the TRO and the notice of the upcoming hearing. Service typically happens through the sheriff’s office.
- Hearing. Within 21 days of the TRO, a hearing is held where both sides can present evidence. The judge then decides whether to issue a longer-term protective order.
The hearing is often the most important step because it determines whether the protections last beyond the initial three weeks. Having an attorney prepare you for the hearing, organize evidence, and present your case can make a real difference in the outcome.
Protective orders and child custody
When children are involved, a protective order often includes a temporary custody provision. The court can issue an ex parte custody order at the same time as the TRO, granting one parent custody while the protective order is in place.
This temporary custody arrangement doesn’t replace the longer custody process tied to a divorce or formal custody case, but it does provide immediate stability for the children. Parents can later work toward achieving a more permanent order through a separate custody proceeding.
The court’s standard in any custody decision is the best interest of the child. When domestic violence is part of the picture, Louisiana law takes that into account, and courts are typically careful about what kind of contact is appropriate between the children and the parent who has been accused of abuse.
What happens if someone violates a protective order?
Violating a protective order in Louisiana is a criminal offense under La. R.S. 14:79. A first violation is generally a misdemeanor, with potential penalties of up to six months in jail and a $500 fine. Repeat violations can be charged as felonies, with potential imprisonment of up to two years.
First violations can also be charged as felonies in more serious situations, including when the violation involves a battery or other crime of violence against the protected person, or when the offender goes to the protected person’s home, school, or workplace while possessing a firearm. Violations can also affect any pending civil cases, including custody and divorce proceedings.
If the other person has violated the order, document what happened (dates, times, what they did, any witnesses), report the violation to law enforcement, and contact your attorney. The protective order’s effectiveness depends on the violations being reported and acted on.
Talk with a Lake Charles family law attorney about your situation
Protective order cases move quickly and often involve more than just the order itself. Custody, support, housing, and safety planning can all come up at the same time, and each piece affects the others. Working with a protection order attorney Lake Charles families have hired before means having someone who already knows the Calcasieu Parish court system and can move quickly when a TRO needs to be filed.
The Johnson Firm represents people across Lake Charles and Calcasieu Parish in protective orders, custody, divorce, and related family law cases. To talk about your situation with a Lake Charles family law attorney, call (337) 509-3371 or contact us online.
Frequently asked questions about Louisiana protective orders
How quickly can I get a protective order?
In urgent situations, a judge can issue a temporary restraining order the same day a petition is filed. The TRO lasts up to 21 days and bridges the time until a full hearing on a longer-term protective order.
Do I need a lawyer to file for a protective order?
You’re not required to have a lawyer to file, but the process moves quickly, and the stakes are high. A lawyer can help you draft the petition, prepare for the hearing, gather and organize evidence, and address related issues like custody and support at the same time.
What evidence helps a protective order case?
Photos of injuries or damage, texts and messages from the other person, police reports, witness statements, and medical records can all support a protective order petition. The more documentation you have, the stronger your case will typically be at the hearing.
Can a protective order include child custody and support?
Yes. Protective orders in Louisiana can include temporary custody, visitation restrictions, child support, and spousal support provisions when families share children. These provisions usually last as long as the protective order is in place.
What if the other person agrees not to contact me without a court order?
Verbal promises and informal agreements don’t carry legal weight. A court-issued protective order is enforceable by law enforcement, and violations can result in criminal charges. An informal agreement leaves you with very few options if the other person changes their mind.