Restraining Orders

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.

    "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
    "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
    "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
    "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
Get Started Today
For optimal communication with The Layfield Law Firm, kindly complete the form provided below. Given our team's active involvement in various court proceedings, your prompt completion of this form will enable us to respond to your inquiry expeditiously.

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!

  • Should I take a settlement offer?

    It is never a good idea to settle an insurance claim before speaking with a knowledgeable personal injury attorney that has experience with injury accident cases. Insurance companies have tactics they use to deny claims, redirect fault, and withhold available compensation. An insurance claim can be a complicated process and insurance adjusters can be intimidating to accident victims. An insurance company may assert that the injuries are not as serious as claimed, and attempt to settle quickly for a low amount.

  • How will custody of my child be decided?
    It is possible for you and your spouse to come to a decision regarding child custody without the court intervening.

    However, if you and your spouse cannot come to a custody terms agreement, the court will decide for you, and will look at the following:

    • the child's gender and age;
    • the child's mental and physical health;
    • the child's relationship with each parent;
    • the parents' respective lifestyles;
    • each parent's ability to provide basic necessities for the child, including shelter, food, and clothing; and
    • the child's preference (if they are of a certain age).
  • How much money can I expect in a settlement?
    Each personal injury accident is different and the worth of the injuries will depend on the circumstances of the accident and the severity of injuries and disability. Insurance companies have specific calculations they use when assigning a monetary value to the pain and suffering resulting a personal injury causing accident. The firm will protect your right to compensation and pursue legal action if necessary.

    Before settling an insurance claim, contact The Layfield Law Firm, LLC to review your case. They can zealously protect your right to fair and full compensation, and your case will be given the focus and priority it deserves.

  • 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.

  • 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.