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ENROLLED
ACT No. 262026 Regular Session
HOUSE BILL NO. 57
BY REPRESENTATIVE VILLIO
1 AN ACT
2 To amend and reenact R.S. 46:2135(A)(introductory paragraph), (B), and (D), relative to
3 temporary restraining orders; to permit the consideration of certain evidence; to
4 provide an opportunity to respond; and to provide for related matters.
5 Be it enacted by the Legislature of Louisiana:
6 Section 1. R.S. 46:2135(A)(introductory paragraph), (B), and (D) are hereby
7 amended and reenacted to read as follows:
8 §2135. Temporary restraining order
9 A. Upon good cause shown in an ex parte proceeding, the court may enter
10 a temporary restraining order, without bond, as it deems necessary to protect from
11 abuse the petitioner, any minor children, or any person alleged to be an incompetent.
12 Any person who shows immediate and present danger of abuse shall constitute good
13 cause for purposes of this Subsection. The court shall consider any and all past
14 history of abuse, or threats thereof, in determining the existence of an immediate and
15 present danger of abuse. There is no requirement that the abuse itself be recent,
16 immediate, or present. The court, on its own motion, may also obtain and consider
17 any and all past criminal history of the parties. The order may include but is not
18 limited to the following:
19 * * *
20 B. If a temporary restraining order is granted without notice, the matter shall
21 be set within twenty-one days for a rule to show cause why the protective order
22 should not be issued, at which time the petitioner must prove the allegations of abuse
23 by a preponderance of the evidence. If any criminal history has been considered, the
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
HB NO. 57 ENROLLED
1 affected party shall be given the opportunity to rebut and to respond to the evidence
2 used in the underlying proceeding. The defendant shall be given notice of the
3 temporary restraining order and the hearing on the rule to show cause by service of
4 process as required by law within twenty-four hours of the issuance of the order.
5 * * *
6 D. If no temporary restraining order has been granted, the court shall issue
7 a rule to show cause why the protective order should not be issued, and set the rule
8 for hearing on the earliest day that the business of the court will permit, but in any
9 case within ten days from the date of service of the petition, at which time the
10 petitioner must prove the allegations of abuse by a preponderance of the evidence.
11 If any criminal history has been considered, the affected party shall be given the
12 opportunity to rebut and to respond to the evidence used in the underlying
13 proceeding. The defendant shall be given notice by service of process as required
14 by law.
15 * * *
SPEAKER OF THE HOUSE OF REPRESENTATIVES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED:
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.