Protective Order Legalities Louisiana

Summary

In Louisiana, a protective order is binding once issued and served, regardless of acknowledgment. If a defendant hasnt been served, they cant be held liable for violations. Protective orders can be sought irrespective of previous case outcomes, but delays in filing can impact credibility. To challenge a protective order, gather evidence, consult a legal professional, and consider filing a motion to dismiss or modify the order. Pro bono legal assistance is available through organizations like the Louisiana State Bar Associations Access to Justice Program and the Pro Bono Project.

Full Conversation

In Louisiana does someone have to sign a protective order in order for it to be binding or legal saying that they even acknowledge exists
Hello ****, in Louisiana, a protective order becomes effective once it's been issued by the court and served to the person it's directed at. The recipient doesn't have to sign it for it to be binding. They must comply with it whether or not they acknowledge its existence.
But what if the defendant never received a copy of the protective order or knew that it was even in place
In Louisiana:
- If a defendant hasn't been served or doesn't know about a protective order, they can't be held liable for violating it.
- However, once they are aware, they must comply immediately.
- Ignorance of the order doesn't absolve them from future violations.
And also in Louisiana if there was a case going on in * but the defendant was found innocent or the case was dismissed can someone go back in * and file a protective order against the defendant
In Louisiana:
- A protective order can be sought irrespective of the outcome of a previous case.
- It must be based on a valid reason like fear of harm.
- Prior case dismissal or acquittal doesn't prohibit filing.
Okay but if the reason that the person is getting the protective order in * happened in * isn't there some way to prove that that person was not of immediate harm to the plaintiff because they waited so long to file it
In Louisiana:
- It's not always about immediacy. If the plaintiff can prove ongoing fear, the order might be granted.
- Delay in filing could impact credibility but doesn't invalidate a claim.
- Legal representation can help argue this point in court.
I believe I have a case then because my boyfriend is currently in jail for violating a protective order from his uncle and the original case happened in * and I believe my boyfriend was found innocent or it was dismissed and the uncle didn't go file a protective order until * in May the first one was declined and he fought again in May in * and got it granted and went back in November of * and made it permanent how can I prove that this protection order was falsely granted on accusations against someone who really didn't oppose a threat to them and my boyfriend never signed a copy of this predictive order and he never received a copy of this protective order
To prove the protective order was falsely granted in Louisiana, you need to:
- Gather evidence showing no threat was posed by your boyfriend.
- Prove he didn't receive the protective order.
- Seek legal representation for professional advice.
Is there any steps that I can take right now personally to get this process started
Sure, ****. In Louisiana, here are steps you can take:
- Collect all relevant documents and evidence.
- Consult a legal professional.
- If possible, get statements from any witnesses.
- File a motion to dismiss or modify the protective order.
Are there any pro bono lawyers in Louisiana that would take this case
Yes, ****. There are several organizations in Louisiana that offer pro bono legal assistance. The Louisiana State Bar Association's Access to Justice Program and the Pro Bono Project are a couple of them. They may be able to assist you with this case.