Did you know?: Temporary restraining order details

From the desk of St. Landry Parish Sheriff Bobby Guidroz
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 minor children, or any person alleged to be incompetent. Any person who shows immediate and present danger of abuse shall constitute good cause for purposes of this Subsection. The order may include, but is not limited to the following:
(1) Directing the defendant to refrain from abusing, harassing, or interfering with the person or employment or going near the residence or place of employment of the petitioner, the minor children, or any person alleged to be incompetent, on whose behalf a petition was filed under this Part.
(2) Awarding to a party use and possession of specified jointly owned or leased property, such as an automobile.
(3) Granting possession of the petition of the residence or household to the exclusion of the defendant, by evicting the defendant or restoring possession to the petitioner where:
(a) The residence is jointly owned in equal proportion or leased by the defendant and the petitioner or the person on whose behalf the petition is brought;
(b) The residence is solely owned by the petitioner or the person on whose behalf the petition is brought; or
(c) The residence is solely leased by the defendant and defendant has a duty to support the petitioner or the person on whose behalf the petition is brought;
(4) Prohibiting either party from the transferring, encumbering, or otherwise disposing of property mutually owned or leased by the parties, except when in the ordinary course of business, or for the necessary support of the party or the minor children.
(5) Awarding temporary custody of minor children or persons alleged to be incompetent.
Since the “regret factor” after the arrest of a loved one is exceptionally high, officers should scrupulously reproduce in their reports in as much detailed as possible all of the statements by the complainant in a domestic violence case.
No one should suffer these domestic issues whether it is verbal altercations, violation of protection orders or physical abuse. Any relationship that becomes violent needs to be addressed immediately. There are local and state agencies that are open 24 hours a day, seven days a week for shelters and counseling.
The above information is intended for information purposes only and not for legal advice. For legal advice, consult an attorney. Questions can be submitted to bguidroz@slpsheriff.com