§ 14:79 — Violation of protective orders

Louisiana § 14:79

• Jurisdiction: Louisiana
• Title 14: Criminal Law

Text

§79. Violation of protective orders
A.(1)(a) Violation of protective orders is the willful disobedience of a preliminary
or permanent injunction or protective order issued pursuant to R.S. 9:361 et seq., R.S. 9:372,
R.S. 46:2131 et seq., R.S. 46:2151, R.S. 46:2171 et seq., R.S. 46:2181 et seq., Children's
Code Article 1564 et seq., Code of Civil Procedure Articles 3604 and 3607.1, or Code of
Criminal Procedure Articles 320 and 871.1 after a contradictory court hearing, or the willful
disobedience of a temporary restraining order or any ex parte protective order issued pursuant
to R.S. 9:361 et seq., R.S. 9:372, R.S. 46:2131 et seq., R.S. 46:2151, R.S. 46:2171 et seq.,
criminal stay-away orders as provided for in Code of Criminal Procedure Article 320,
Children's Code Article 1564 et seq., or Code of Civil Procedure Articles 3604 and 3607.1,
if the defendant has been given notice of the temporary restraining order or ex parte
protective order by service of process as required by law.
(b) A defendant may also be deemed to have been properly served if tendered a
certified copy of a temporary restraining order or ex parte protective order, or if tendered a
faxed or electronic copy of a temporary restraining order or ex parte protective order received
directly from the issuing magistrate, commissioner, hearing officer, judge or court, by any
law enforcement officer who has been called to any scene where the named defendant is
present. Such service of a previously issued temporary restraining order or ex parte
protective order if noted in the police report shall be deemed sufficient evidence of service
of process and admissible in any civil or criminal proceedings. A law enforcement officer
making service under this Subsection shall transmit proof of service to the judicial
administrator's office, Louisiana Supreme Court, for entry into the Louisiana Protective
Order Registry, as provided in R.S. 46:2136.2(A), by facsimile transmission or direct
electronic input as expeditiously as possible, but no later than the end of the next business
day after making service, exclusive of weekends and holidays. This proof shall include, at
a minimum, the case caption, docket number, type of order, serving agency and officer, and
the date and time service was made.
(2) Violation of protective orders shall also include the willful disobedience of an
order of protection issued by a foreign state.
(3) Violation of protective orders shall also include the willful disobedience of the
following:
(a) An order issued by any state, federal, parish, city, or municipal court judge,
magistrate judge, commissioner or justice of the peace that a criminal defendant stay away
from a specific person or persons as a condition of that defendant's release on bond.
(b) An order issued by any state, federal, parish, city, or municipal court judge,
magistrate judge, commissioner or justice of the peace that a defendant convicted of a
violation of any state, federal, parish, municipal, or city criminal offense stay away from any
specific person as a condition of that defendant's release on probation.
(c) A condition of a parole release pursuant to R.S. 15:574.4.2(A)(5) or any other
condition of parole which requires that the parolee stay away from any specific person.
(d) An order issued pursuant to R.S. 46:1846.
(4) Violation of protective orders shall also include the possession of a firearm or
carrying a concealed weapon in violation of R.S. 46:2136.3, the purchase or attempted
purchase of a firearm, and the carrying of a concealed weapon in violation of R.S. 14:95.1,
95.1.3, or 95.10.
B.(1) On a first conviction for violation of protective orders, except as provided in
Subsection C of this Section, the offender shall be fined not more than five hundred dollars
or imprisoned for not more than six months, or both.
(2) On a second or subsequent conviction for violation of protective orders, except
as provided in Subsection C of this Section, regardless of whether the current offense
occurred before or after the earlier convictions, the offender shall be fined not more than one
thousand dollars and imprisoned with or without hard labor for not less than fourteen days
nor more than two years. At least fourteen days of the sentence of imprisonment imposed
under this Paragraph shall be without benefit of probation, parole, or suspension of sentence.
If a portion of the sentence is imposed with benefit of probation, parole, or suspension of
sentence, the court shall require the offender to participate in a court-monitored domestic
abuse intervention program as defined by R.S. 14:35.3.
C.(1) Except as provided in Paragraph (2) of this Subsection, whoever is convicted
of the offense of violation of protective orders where the violation involves a battery or any
crime of violence as defined by R.S. 14:2(B) against the person for whose benefit the
protective order is in effect, or where the violation involves the offender going to the
residence or household, school, or place of employment of the person for whose benefit the
protective order is in effect while in possession of a firearm, shall be fined not more than one
thousand dollars and imprisoned with or without hard labor for not less than three months
nor more than two years. At least thirty days of the sentence of imprisonment imposed under
this Paragraph shall be without benefit of probation, parole, or suspension of sentence. If a
portion of the sentence is imposed with benefit of probation, parole, or suspension of
sentence, the court shall require the offender to participate in a court-monitored domestic
abuse intervention program as defined by R.S. 14:35.3.
(2) Whoever is convicted of the offense of violation of protective orders where the
violation involves a battery or any crime of violence as defined by R.S. 14:2(B) against the
person for whose benefit the protective order is in effect, or where the violation involves the
offender going to the residence or household, school, or place of employment of the person
for whose benefit the protective order is in effect while in possession of a firearm, and who
has a conviction of violating a protective order or of an assault or battery upon the person for
whose benefit the protective order is in effect during the five-year period prior to commission
of the instant offense, regardless of whether the instant offense occurred before or after the
earlier convictions, the offender shall be fined not more than two thousand dollars and
imprisoned with or without hard labor for not less than one year nor more than five years.
At least one year of the sentence of imprisonment imposed under this Paragraph shall be
without benefit of probation, parole, or suspension of sentence.
D. If, as part of any sentence imposed under this Section, a fine is imposed, the court
may direct that the fine be paid for the support of the spouse or children of the offender.
E.(1) Law enforcement officers shall use every reasonable means, including but not
limited to immediate arrest of the violator, to enforce a preliminary or permanent injunction
or protective order obtained pursuant to R.S. 9:361, R.S. 9:372, R.S. 46:2131 et seq., R.S.
46:2151, R.S. 46:2171 et seq., R.S. 46:2181 et seq., Children's Code Article 1564 et seq.,
Code of Civil Procedure Articles 3604 and 3607.1, or Code of Criminal Procedure Articles
320 and 871.1 after a contradictory court hearing, or to enforce a temporary restraining order
or ex parte protective order issued pursuant to R.S. 9:361, R.S. 9:372, R.S. 46:2131 et seq.,
R.S. 46:2151, R.S. 46:2171 et seq., R.S. 46:2181 et seq., Children's Code Article 1564 et
seq., Code of Civil Procedure Articles 3604 and 3607.1, or Code of Criminal Procedure
Article 320 if the defendant has been given notice of the temporary restraining order or ex
parte protective order by service of process as required by law.
(2) Law enforcement officers shall at a minimum issue a summons to the person in
violation of a temporary restraining order, a preliminary or permanent injunction, or a
protective order issued pursuant to R.S. 9:361 et seq., R.S. 9:372, R.S. 46:2131 et seq., R.S.
46:2151, R.S. 46:2181 et seq., Children's Code Article 1564 et seq., Code of Civil Procedure
Articles 3604 and 3607.1, or Code of Criminal Procedure Articles 30, 320, and 871.1.
F. This Section shall not be construed to bar or limit the effect of any other criminal
statute or civil remedy.
G. "Instant offense" as used in this Section means the offense which is before the
court.
H. An offender ordered to participate in a court-monitored domestic abuse
intervention program under the provision of this Section shall pay the cost incurred in
participating in the program, unless the court determines that the offender is unable to pay.
Failure to make payment under this Subsection shall subject the offender to revocation of
probation.

Legislative History

Added by Acts 1983, No. 497, §1; Acts 1987, No. 268, §1; Acts 1994, 3rd Ex. Sess., No. 70, §1; Acts 1995, No. 905, §1; Acts 1997, No. 1156, §6; Acts 1999, No. 659, §1; Acts 1999, No. 1200, §1; Acts 2003, No. 750, §5; Acts 2003, No. 1198, §1; Acts 2014, No. 317, §2; Acts 2014, No. 318, §2; Acts 2014, No. 355, §3; Acts 2015, No. 242, §2; Acts 2015, No. 440, §1; Acts 2016, No. 409, §2; Acts 2017, No. 90, §1; Acts 2018, No. 293, §1; Acts 2018, No. 367, §1, eff. Oct. 1, 2018; Acts 2018, No. 679, §2; Acts 2020, No. 246, §2; Acts 2022, No. 75, §1.