Restraining Orders
Baton Rouge Divorce Lawyer: Beau R. Layfield
Under Louisiana law, there are various types of protective orders that can be issued based on the threat of physical abuse or an act of violence.
The types of domestic abuse that can lead to a restraining order include:
- Attempted physical abuse
- Sexual abuse
- Stalking
- Assault
- Elder abuse and elder neglect
Cases involving defamation are not considered domestic abuse under Louisiana law, even if the statements made are completely false. If you are the victim of domestic violence, or you live in fear that you could be harmed due to threats made against you, it is imperative that you seek a restraining order to assure you receive the protection the law provides.
In many cases, this is such an urgent matter the order must be issued immediately and The Layfield Law Firm can help you in such a situation. Contact our firm today!
Types of Restraining Orders
A restraining order is an order issued through civil court that gives a victim or potential victim of a violent act protection. The three types of protective orders that could be issued are as follows:
Emergency Temporary Restraining Order
When a violent act has taken place outside of regular court hours of operation, it is possible to receive immediate protection through an emergency temporary restraining order, which allows you to gain the protection the law provides immediately. This is a short-term protective order, and this protection lasts only until the end of the following day in which the court is open. For the protective order to continue, you must go to court and request a temporary restraining order (TRO) or protective order.
Temporary Restraining Order (TRO)
A TRO is issued by the court on an immediate basis, and is the first step in gaining a long-term protective order. The judge will quickly sign a "Uniform Abuse Prevention Order", which is then forwarded to the court clerk for filing. The clerk of court then transmits the Uniform Abuse Prevention Order on to the Registry.
As soon as the TRO has been issued, the person accused of abuse will be notified that there is a protective order with their name on it. There will be a court date scheduled within approximately three weeks for a court hearing where you have the right to be heard. It is possible that a TRO can be issued against an innocent person, which must be addressed skillfully by an experienced attorney, as an accusation of domestic abuse or violence is a very serious matter.
Long-Term Protective Order
After the court hearing, a long-term protective order could be issued. This hearing allows for evidence to be provided supporting either side as well as allows both parties to tell their side of the story. Both parties must attend this hearing, whereas for a temporary restraining order, the order will be issued even if the other person is not present.
If you fail to attend the hearing for a long-term protective order, the temporary protective order (or restraining order) expires, which means you will have to begin the process of seeking a long-term order again. A long-term protection order can protect you against abuse, threats, stalking or acts of violence and can last up to 18 months. Under certain circumstances, the long-term order can last longer. Protective orders can be extended as well.
Are you living in fear that you or your child will be harmed? Have you been threatened with violence? It is extremely important that you are protected by a restraining order. At The Layfield Law Firm, Beau Layfield will act on your behalf to obtain the immediate protection needed when you have been threatened or are a victim of domestic abuse.
Contact Our Compassionate and Efficient Divorce Attorney
There are also cases in which a restraining order is filed and the individual accused of abuse is completely innocent. The court is not going to take chances with the safety of a person who claims to be a victim of abuse; therefore, an order could be falsely issued, for example, in the case of a bitter breakup or divorce.
Whether you are named in a restraining order or you need protection, The Layfield Law Firm can be of service to you. Beau Layfield fully understand how important it is for you to be safe from harm and he will waste no time in getting you a temporary restraining order for your immediate protection. He will work swiftly to gain a long-term protective order when there has been a history of violence.
Contact The Layfield Law Firm for immediate assistance if you need a restraining order for protection.
Hear From Our Happy Clients
At The Layfield Law Firm, LLC, your satisfaction is our priority! See for yourself what our clients have to say about working with us.
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"Beau always responded quickly to my questions, sometimes patiently just listened while I vented."As a business owner trying to juggle responsibilities with my clients and in my business, it was important to find someone who understood the value of my time while helping me navigate me through a difficult divorce.- Former Client
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"I'm blessed to have had Mr. Beau Layfield representing me throughout my divorce process."I contacted him initially because The Layfield Law Firm website specifically listed "uncontested divorce" within the areas of practice.- Former Client
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"Beau listened to my concerns and helped me come up with a strategy that worked best for my situation."During this process, there were times when I became so frustrated that I wanted to give up. Beau always brought me back to reality and made suggestions to assist with my concerns.- Former Client
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"After meeting with three attorneys about my case I choose the Layfield Law Firm."Hopefully I won't need a lawyer in the future, but if I do, I am calling Mr Layfield.- Former Client
Our FAQ
Have questions? We are here to help. Still have questions or can't find the answer you need? Give us a call at 225-283-1374 today!
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Do I need a lawyer in a personal injury claim?
Insurance company studies show that those who have legal representation in their case recover an average of 3.5 times more than those who try to get the issue resolved on their own. Insurance companies do not like to pay out large settlements, and frequently move fast with an offer, within days of a car accident or other serious injury accident. If you accept this early offer, it can be a terrible mistake; you may later require more medical treatment, or not recover in the expected amount of time, or could experience complications. I will carefully evaluate your injury case and ensure that we are pursuing every type of damage that could be claimed in your case. It is very important that you have legal counsel that will protect your right to fair compensation, and I will fight for fair treatment for you and your family. A personal injury lawyer is imperative if you suffered serious injuries. I am a Louisiana attorney that is interested in helping your resolve these issues.
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How do I know if I have a personal injury claim?
A personal injury accident is the result of the negligent, reckless or careless action of another. An accident that occurs from the use of a dangerous or defective product is an example of a personal injury accident. Another example is a drunk driver who causes a car collision with injuries or fatalities. In the case of negligence, the victim may be eligible for monetary compensation that can include lost income, medical expenses, and pain and suffering. Beau Layfield and The Layfield Law Firm, LLC can represent a client in court and negotiate with insurance companies to pursue the maximum possible compensation.
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Do I have to go to court in order to obtain a divorce?
Filing divorce papers with a court is the only way you will obtain a legal separation from your spouse. This applies to any other form of legal separation, including a marriage annulment. Aside from the divorce decree itself, a court is able to assist in settling other matters related to divorce, which include child custody and the distribution of marital assets.
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Isn't divorce expensive?
A contested divorce can get expensive due to the necessity to attend trial, and document the case to present in court. Those who can work out their agreements prior to court and settle them with negotiations can not only save a lot of money, they avoid the serious stress of a court trial and exposing your personal business in court. In either case, I will help you bring the issue to a resolution with the least amount of stress, whether in a contested or uncontested divorce. I make every effort to make my services affordable so that you can have high quality legal counsel to support your case.
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How long will the divorce process take?
The length of your divorce proceedings will depend on different factors, which include how long it takes to serve divorce papers to your spouse, whether your spouse is willing to waive their rights to service and notice of trial, whether you have minor children from the marriage and legal delays. Typically, it will take 20 to 40 days to receive a divorce judgment from the court after papers have been served. If your spouse decides to waive his or her rights to service and notice of trial, the judgment can come swiftly. It is important to note that a judgment does not become finalized until the 30-day "appeals" window has ended.
Another important point to note is that you must be living separately from your spouse for six months (or longer if there are minor children from the marriage) before being able to file a petition, unless there are extenuating circumstances, such as your spouse committed a felony. Securing an attorney for legal representation may result in your divorce process being resolved much faster than you attempting to navigate the proceedings on your own.