Art. 3603.1.Governing Provisions For Issuance of Protective Orders; Grounds; Notice; Court-Appointed Counsel

Book VII. Special Proceedings · Title I. Provisional Remedies · Chapter 2. Injunction · Last amended 2021 · Last verified July 30, 2026

In one sentenceArticle 3603.1 layers extra requirements onto orders prohibiting a spouse or another person from harming or approaching someone, requiring good and reasonable fear or a past history of domestic abuse, a matching court-appointed attorney for the restrained person, and waived costs for complainants in domestic abuse, dating violence, stalking, or sexual assault cases.

Full Text of Art. 3603.1

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A. Notwithstanding any provision of law to the contrary, and particularly the provisions of Domestic Abuse Assistance, Part II of Chapter 28 of Title 46, Post-Separation Family Violence Relief Act and Injunctions and Incidental Orders, Parts IV and V of Chapter 1 of Code Title V of Title 9, Domestic Abuse Assistance, Chapter 8 of Title XV of the Children's Code, and this Chapter, no temporary restraining order or preliminary injunction prohibiting a spouse or other person from harming or going near or in the proximity of another shall issue, unless the complainant has good and reasonable grounds to fear for his or her safety or that of the children, or the complainant has in the past been the victim of domestic abuse by the other spouse.

B. Any person against whom such an order is issued shall be entitled to a court-appointed attorney if the applicant has likewise been afforded a court-appointed attorney, which right shall also be included in any order or notice.

(1) A complainant seeking protection from domestic abuse, dating violence, stalking, or sexual assault shall not be required to prepay or be cast with court costs or costs of service of subpoena for the issuance or dissolution of a temporary restraining order, preliminary or permanent injunction, or protective order, or the dismissal of a petition for such, and the clerk of court shall immediately file and process the order issued regardless of the ability of the plaintiff to pay court costs.

(2) When the complainant is seeking protection from domestic abuse, stalking, or sexual assault, the clerk of court shall make forms available for making application for protective orders, provide clerical assistance to the petitioner when necessary, provide the necessary forms, and provide the services of a notary, where available, for completion of the petition.

(3) When a complainant is seeking a temporary restraining order for protection from domestic abuse, dating violence, stalking, or sexual assault, it is sufficient for the petition to contain a written affirmation signed and dated by the complainant that the facts and circumstances contained in the complaint are true and correct to the best knowledge, information, and belief of the complainant, under penalty of perjury pursuant to R.S.14:123. The affirmation shall be made before a witness who shall sign and print his name.

End

Amendment History

Amended by Acts 2021, No. 394, §1, eff. 8/1/2021. Amended by Acts 2014, No. 355, §1, eff. 8/1/2014. Added by Acts 1997, No. 1156, §2; Acts 1999, No. 1200, §4; Acts 2001, No. 430, §1; Acts 2003, No. 750, §1; Acts 2004, No. 502, §1.

Plain-English Summary

Domestic violence and related protective-order cases do not run purely on Chapter 2's general injunction framework. Several other statutes, covering domestic abuse assistance, post-separation family violence, injunctions in family law matters, and juvenile domestic abuse, all intersect with the general TRO and preliminary injunction rules, and Article 3603.1 exists to reconcile that overlap for one specific type of order: one prohibiting a spouse or other person from harming or coming near someone.

Before that kind of order can issue, the complainant has to show good and reasonable grounds to fear for their own safety or a child's safety, or has to have been a past victim of domestic abuse by the same person. That standard sits alongside, and works with, whatever grounds the more specific domestic-violence statutes separately require.

The article balances the process in the respondent's favor too: anyone against whom this kind of order issues is entitled to a court-appointed attorney if the applicant was likewise given one, with that right stated in the order or notice itself.

For complainants, Article 3603.1 removes financial barriers to seeking protection from domestic abuse, dating violence, stalking, or sexual assault. No prepayment or cost obligation applies to seeking or dissolving these orders, clerks must process filings regardless of the party's ability to pay, and clerks have to make application forms, clerical help, and notary services available. A complainant in one of these cases can also use a signed, witnessed written affirmation, made under penalty of perjury, in place of the fuller affidavit Article 3603 otherwise contemplates.

Frequently Asked Questions

What extra showing does Louisiana require before a court restrains a spouse from harming or approaching someone?

Good and reasonable grounds to fear for the complainant's own safety or a child's safety, or a past history of domestic abuse by that person, under Article 3603.1.

Does the person being restrained get a court-appointed attorney?

Yes, if the applicant seeking the order was also given a court-appointed attorney, and that right has to be stated in the order or accompanying notice.

Do complainants have to pay court costs to get a protective order in these cases?

No. Article 3603.1 waives prepayment and cost obligations for complainants seeking protection from domestic abuse, dating violence, stalking, or sexual assault, and requires clerks to process the filing regardless of ability to pay.

Can a complainant use something less formal than a full affidavit to seek a TRO in a domestic violence case?

Yes. A signed, witnessed written affirmation made under penalty of perjury is sufficient under Article 3603.1, in place of the fuller affidavit Article 3603 otherwise requires.

Source & verification. Article text is reproduced verbatim from the Louisiana Code of Civil Procedure (legis.la.gov). Enacted by the Louisiana Legislature. Last verified July 30, 2026. · Official source

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