Shreveport Restraining Order & Protective Order Lawyer

Top Restraining Order & Protective Order Attorney in Shreveport, LA

When someone in a family court case fears that their safety is at risk, the court may issue a restraining or protective order that limits the respondent’s actions. Whether you are seeking protections or contesting accusations that you are a threat to someone, a Shreveport restraining order and protective order lawyer can assert your rights and defend your interests.

Contact a Trusted Restraining and Protective Order Lawyer Today

Restraining and protective order proceedings can affect your personal safety, parental rights, living arrangements, and other important aspects of a family law case. P. Michael Davis, Attorney at Law, represents clients in complex legal matters. Our team takes a results-driven approach focused on protecting our clients’ rights and interests at every step of their family court dispute.

As a former public defender, P. Michael Davis also has extensive experience in handling serious allegations in local courts. This background can be especially valuable when a protective order matter involves allegations of domestic abuse or conduct that could have criminal implications. Whether you seek court protection or contest allegations, you can rely on our firm for focused legal representation throughout the case.

Understanding Protective Orders and Restraining Orders in Shreveport

Under La. R.S. 46:2135, a Louisiana court may issue a temporary restraining order in an ex parte proceeding when there is good cause to protect the petitioner, or others covered by the statute, from abuse. A restraining order can:

• Prohibit the defendant from abusing, harassing, or contacting the protected person.
• Order the defendant to stay away from the protected person’s home, workplace, or school.
• Grant temporary possession of a shared residence to the protected person.
• Address temporary custody of minor children.
• Prohibit the defendant from possessing firearms while the order is in effect.

An immediate and present danger of abuse constitutes good cause, although the alleged abuse itself does not have to be recent. If the court grants the TRO without notice, it generally schedules a hearing within 21 days to determine whether to issue a longer-term protective order.

In 2024, Louisiana courts issued thousands of orders intended to protect people from abuse and other threatening conduct. According to the Louisiana Supreme Court, the Louisiana Protective Order Registry recorded 13,507 temporary restraining orders and 3,358 protective orders that year. These orders were among 16,924 civil orders entered into the statewide registry.

The burden of proof varies considerably between civil and criminal cases. In a protective order hearing under the Domestic Abuse Assistance Act, the petitioner generally must prove the allegations of abuse by a preponderance of the evidence. This means that the testimony and evidence presented in court are more likely true than not.

Criminal cases carry a much higher burden of proof, as prosecutors must prove every element of a crime beyond a reasonable doubt. Whether you are seeking a restraining order or contesting one, P. Michael Davis, Attorney at Law, can take decisive steps to protect your rights and navigate the complexities of your case.

Why You Should Hire a Restraining Order and Protective Order Lawyer

Although Louisiana’s divorce rate of 0.9 per 1,000 residents is well below the national average, there is still a steady flow of spouses seeking to dissolve their marriages in the state every year. As a result, many protective order cases arise during or after a divorce, when tensions over the home, the children, and property are at their highest.

Whether you are based near Werner Park, Highland Stoner Hill, or another neighborhood in Shreveport, the decision to hire a restraining order and protective order lawyer should be your top priority if you are threatened.

Louisiana’s restraining order laws require evidence to back any accusations. If you are seeking protection from the court, you should work with an experienced Shreveport restraining order and protective order attorney. They have managed complex protective order cases and understand the steps needed to achieve your goals. A restraining order lawyer can also contest a court order if you are listed as the respondent.

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FAQs

What Are the Rules for Restraining Orders in Louisiana?

Louisiana courts can issue temporary restraining orders to protect someone from domestic abuse and other conduct covered by state law. Under La. R.S. 46:2135, a court may issue an order in an ex parte proceeding when there is good cause. The judge overseeing that case can restrict someone’s ability to contact the protected person, prohibit abuse or harassment, and impose other conditions intended to protect the petitioner and other at-risk individuals.

Which Is Better, a Restraining Order or a Protective Order in Shreveport?

In Shreveport, LA, whether a restraining order or protective order is more appropriate depends on the type and duration of protection being sought. A temporary restraining order can provide immediate, short-term protection before a full hearing. A protective order can establish longer-term protection after the court holds a hearing and determines that the petitioner has proven the allegations of abuse by a preponderance of the evidence.

What Are the Minimum Requirements for a Restraining Order?

Under Louisiana’s Domestic Abuse Assistance Act, a court may issue a temporary restraining order when there is good cause to protect the petitioner or another protected person from abuse. An immediate and present danger of abuse constitutes good cause, although the alleged abuse itself does not have to be recent. The petition must provide facts supporting the request for court protection.

Can Someone Contest a Restraining Order in Louisiana?

Yes, a respondent can contest allegations made in a petition for a restraining or protective order. After the court issues a temporary restraining order without notice, it generally holds a hearing where both sides can present evidence and arguments. The petitioner must prove the allegations by a preponderance of the evidence before the court can issue a protective order. Legal support can prove decisive in these matters.

Contact P. Michael Davis, Attorney at Law, Today

Restraining and protective order cases require careful preparation and a focused, strategic approach. Whether you are seeking protection through the court system or contesting the other party’s accusations, P. Michael Davis, Attorney at Law, can provide you with the exceptional legal support that your case deserves.

Our founding attorney is an active member of the American Bar Association and the Louisiana State Bar Association. His involvement in those groups helps him stay ahead of developments that could shape the outcome of your case. Trust our dedicated legal team to safeguard your rights and interests throughout your case. Contact our office today.