Art. 3604.Form, Contents, and Duration of Restraining Order
Book VII. Special Proceedings · Title I. Provisional Remedies · Chapter 2. Injunction · Last amended 2014 · Last verified July 30, 2026
Full Text of Art. 3604
Amendment History
Amended by Acts 2014, No. 618, §1, eff. 8/1/2014. Acts 1983, No. 651, §1; Acts 1990, No. 361, §1, eff. 1/1/1991; Acts 1999, No. 1336, §2; Acts 2003, No. 750, §1; Acts 2012, No. 582, §2.
Plain-English Summary
A temporary restraining order's short life span is one of its defining features, and Article 3604 spells out exactly how short. The order must be endorsed with the date and hour it was issued, filed and entered of record in the clerk's office, and must state why it was granted without notice and a hearing, tying back to the no-notice conditions in Article 3603. Its default duration cannot exceed ten days.
Extensions are possible but constrained. For good cause shown, the court can extend the order for one or more additional periods, each no longer than ten days, with the reasons for every extension entered into the record. The party the order restrains can agree to a longer extension by consent, which is not itself capped the way a court-ordered extension is.
Divorce cases and domestic-violence-related protective order cases each get their own extended duration rules layered onto this general framework. A TRO issued alongside a rule to show cause for a preliminary injunction in a divorce action, restraining a spouse from disposing of community property, harming the other spouse or a child, or removing a child from the court's jurisdiction, stays in force until the preliminary injunction hearing rather than expiring after ten days. A TRO tied to a protective-order rule to show cause under the domestic and dating violence statutes remains in force until that hearing or thirty days, whichever comes first, with its own rules for hearing-officer referrals and emergency continuances. The article closes with provisions making certain community-property TROs binding on federally insured financial institutions holding the listed accounts, and shielding those institutions from liability for complying in good faith.
Frequently Asked Questions
How long does a Louisiana temporary restraining order last?
By default, no more than ten days from entry, though the court can extend it for one or more additional periods of up to ten days each for good cause, or the restrained party can consent to a longer extension.
What information does a TRO have to include?
The date and hour of issuance, and a statement of why it was granted without notice and a hearing, under Article 3604, in addition to being filed and entered of record.
Does a divorce-case restraining order expire after ten days too?
Not necessarily. A TRO issued with a rule to show cause for a preliminary injunction in a divorce action, covering community property disposal, harm to a spouse or child, or removing a child from the court's jurisdiction, stays in force until the preliminary injunction hearing.
How long does a domestic-violence-related TRO last before the protective-order hearing?
Until the hearing on the rule for the protective order or thirty days, whichever occurs first, subject to the article's rules for hearing-officer referrals and state-of-emergency continuances.