{
 "citation": "14:79",
 "heading": "Violation of protective orders",
 "doc_id": "78668",
 "source_url": "https://legis.la.gov/legis/Law.aspx?d=78668",
 "classification": "F",
 "enacted_year": "1983",
 "last_amended_year": "2022",
 "penalties": [
  {
   "subsection": "B(1)",
   "text": "B.(1) On a first conviction for violation of protective orders, except as provided in Subsection C of this Section, the offender shall be fined not more than five hundred dollars or imprisoned for not more than six months, or both.",
   "los_min": "0",
   "los_max": "6M",
   "hard_labor": "",
   "benefits": "",
   "death": false,
   "condition": ""
  },
  {
   "subsection": "B(2)",
   "text": "(2) On a second or subsequent conviction for violation of protective orders, except as provided in Subsection C of this Section, regardless of whether the current offense occurred before or after the earlier convictions, the offender shall be fined not more than one thousand dollars and imprisoned with or without hard labor for not less than fourteen days nor more than two years.",
   "los_min": "14D",
   "los_max": "2Y",
   "hard_labor": "W/WO",
   "benefits": "",
   "death": false,
   "condition": ""
  },
  {
   "subsection": "B(2)",
   "text": "At least fourteen days of the sentence of imprisonment imposed under this Paragraph shall be without benefit of probation, parole, or suspension of sentence.",
   "los_min": "",
   "los_max": "",
   "hard_labor": "",
   "benefits": "W/O BENEFITS (probation, parole, or suspension of sentence)",
   "death": false,
   "condition": ""
  },
  {
   "subsection": "C(1)",
   "text": "C.(1) Except as provided in Paragraph (2) of this Subsection, whoever is convicted of the offense of violation of protective orders where the violation involves a battery or any crime of violence as defined by R.S. 14:2(B) against the person for whose benefit the protective order is in effect, or where the violation involves the offender going to the residence or household, school, or place of emp",
   "los_min": "3M",
   "los_max": "2Y",
   "hard_labor": "W/WO",
   "benefits": "",
   "death": false,
   "condition": ""
  },
  {
   "subsection": "C(1)",
   "text": "At least thirty days of the sentence of imprisonment imposed under this Paragraph shall be without benefit of probation, parole, or suspension of sentence.",
   "los_min": "",
   "los_max": "",
   "hard_labor": "",
   "benefits": "W/O BENEFITS (probation, parole, or suspension of sentence)",
   "death": false,
   "condition": ""
  },
  {
   "subsection": "C(2)",
   "text": "(2) Whoever is convicted of the offense of violation of protective orders where the violation involves a battery or any crime of violence as defined by R.S. 14:2(B) against the person for whose benefit the protective order is in effect, or where the violation involves the offender going to the residence or household, school, or place of employment of the person for whose benefit the protective ord",
   "los_min": "1Y",
   "los_max": "5Y",
   "hard_labor": "W/WO",
   "benefits": "",
   "death": false,
   "condition": ""
  },
  {
   "subsection": "C(2)",
   "text": "At least one year of the sentence of imprisonment imposed under this Paragraph shall be without benefit of probation, parole, or suspension of sentence.",
   "los_min": "",
   "los_max": "",
   "hard_labor": "",
   "benefits": "W/O BENEFITS (probation, parole, or suspension of sentence)",
   "death": false,
   "condition": ""
  }
 ],
 "referenced_statutes": [
  "14:2",
  "14:35.3",
  "14:95.1",
  "15:574.4.2",
  "46:1846",
  "46:2131",
  "46:2136.2",
  "46:2136.3",
  "46:2151",
  "46:2171",
  "46:2181",
  "9:361",
  "9:372"
 ],
 "text": "RS 14:79\n\nSUBPART C. DOMESTIC VIOLENCE OFFENSES\n\n\u00a779. Violation of protective orders\n\nA.(1)(a) Violation of protective orders is the willful disobedience of a preliminary\nor permanent injunction or protective order issued pursuant to R.S. 9:361 et seq., R.S. 9:372,\nR.S. 46:2131 et seq., R.S. 46:2151, R.S. 46:2171 et seq., R.S. 46:2181 et seq., Children's\nCode Article 1564 et seq., Code of Civil Procedure Articles 3604 and 3607.1, or Code of\nCriminal Procedure Articles 320 and 871.1 after a contradictory court hearing, or the willful\ndisobedience of a temporary restraining order or any ex parte protective order issued pursuant\nto R.S. 9:361 et seq., R.S. 9:372, R.S. 46:2131 et seq., R.S. 46:2151, R.S. 46:2171 et seq.,\ncriminal stay-away orders as provided for in Code of Criminal Procedure Article 320,\nChildren's Code Article 1564 et seq., or Code of Civil Procedure Articles 3604 and 3607.1,\nif the defendant has been given notice of the temporary restraining order or ex parte\nprotective order by service of process as required by law.\n\n(b) A defendant may also be deemed to have been properly served if tendered a\ncertified copy of a temporary restraining order or ex parte protective order, or if tendered a\nfaxed or electronic copy of a temporary restraining order or ex parte protective order received\ndirectly from the issuing magistrate, commissioner, hearing officer, judge or court, by any\nlaw enforcement officer who has been called to any scene where the named defendant is\npresent. Such service of a previously issued temporary restraining order or ex parte\nprotective order if noted in the police report shall be deemed sufficient evidence of service\nof process and admissible in any civil or criminal proceedings. A law enforcement officer\nmaking service under this Subsection shall transmit proof of service to the judicial\nadministrator's office, Louisiana Supreme Court, for entry into the Louisiana Protective\nOrder Registry, as provided in R.S. 46:2136.2(A), by facsimile transmission or direct\nelectronic input as expeditiously as possible, but no later than the end of the next business\nday after making service, exclusive of weekends and holidays. This proof shall include, at\na minimum, the case caption, docket number, type of order, serving agency and officer, and\nthe date and time service was made.\n\n(2) Violation of protective orders shall also include the willful disobedience of an\norder of protection issued by a foreign state.\n\n(3) Violation of protective orders shall also include the willful disobedience of the\nfollowing:\n\n(a) An order issued by any state, federal, parish, city, or municipal court judge,\nmagistrate judge, commissioner or justice of the peace that a criminal defendant stay away\nfrom a specific person or persons as a condition of that defendant's release on bond.\n\n(b) An order issued by any state, federal, parish, city, or municipal court judge,\nmagistrate judge, commissioner or justice of the peace that a defendant convicted of a\nviolation of any state, federal, parish, municipal, or city criminal offense stay away from any\nspecific person as a condition of that defendant's release on probation.\n\n(c) A condition of a parole release pursuant to R.S. 15:574.4.2(A)(5) or any other\ncondition of parole which requires that the parolee stay away from any specific person.\n\n(d) An order issued pursuant to R.S. 46:1846.\n\n(4) Violation of protective orders shall also include the possession of a firearm or\ncarrying a concealed weapon in violation of R.S. 46:2136.3, the purchase or attempted\npurchase of a firearm, and the carrying of a concealed weapon in violation of R.S. 14:95.1,\n95.1.3, or 95.10.\n\nB.(1) On a first conviction for violation of protective orders, except as provided in\nSubsection C of this Section, the offender shall be fined not more than five hundred dollars\nor imprisoned for not more than six months, or both.\n\n(2) On a second or subsequent conviction for violation of protective orders, except\nas provided in Subsection C of this Section, regardless of whether the current offense\noccurred before or after the earlier convictions, the offender shall be fined not more than one\nthousand dollars and imprisoned with or without hard labor for not less than fourteen days\nnor more than two years. At least fourteen days of the sentence of imprisonment imposed\nunder this Paragraph shall be without benefit of probation, parole, or suspension of sentence. \nIf a portion of the sentence is imposed with benefit of probation, parole, or suspension of\nsentence, the court shall require the offender to participate in a court-monitored domestic\nabuse intervention program as defined by R.S. 14:35.3.\n\nC.(1) Except as provided in Paragraph (2) of this Subsection, whoever is convicted\nof the offense of violation of protective orders where the violation involves a battery or any\ncrime of violence as defined by R.S. 14:2(B) against the person for whose benefit the\nprotective order is in effect, or where the violation involves the offender going to the\nresidence or household, school, or place of employment of the person for whose benefit the\nprotective order is in effect while in possession of a firearm, shall be fined not more than one\nthousand dollars and imprisoned with or without hard labor for not less than three months\nnor more than two years. At least thirty days of the sentence of imprisonment imposed under\nthis Paragraph shall be without benefit of probation, parole, or suspension of sentence. If a\nportion of the sentence is imposed with benefit of probation, parole, or suspension of\nsentence, the court shall require the offender to participate in a court-monitored domestic\nabuse intervention program as defined by R.S. 14:35.3.\n\n(2) Whoever is convicted of the offense of violation of protective orders where the\nviolation involves a battery or any crime of violence as defined by R.S. 14:2(B) against the\nperson for whose benefit the protective order is in effect, or where the violation involves the\noffender going to the residence or household, school, or place of employment of the person\nfor whose benefit the protective order is in effect while in possession of a firearm, and who\nhas a conviction of violating a protective order or of an assault or battery upon the person for\nwhose benefit the protective order is in effect during the five-year period prior to commission\nof the instant offense, regardless of whether the instant offense occurred before or after the\nearlier convictions, the offender shall be fined not more than two thousand dollars and\nimprisoned with or without hard labor for not less than one year nor more than five years. \nAt least one year of the sentence of imprisonment imposed under this Paragraph shall be\nwithout benefit of probation, parole, or suspension of sentence.\n\nD. If, as part of any sentence imposed under this Section, a fine is imposed, the court\nmay direct that the fine be paid for the support of the spouse or children of the offender.\n\nE.(1) Law enforcement officers shall use every reasonable means, including but not\nlimited to immediate arrest of the violator, to enforce a preliminary or permanent injunction\nor protective order obtained pursuant to R.S. 9:361, R.S. 9:372, R.S. 46:2131 et seq., R.S.\n46:2151, R.S. 46:2171 et seq., R.S. 46:2181 et seq., Children's Code Article 1564 et seq.,\nCode of Civil Procedure Articles 3604 and 3607.1, or Code of Criminal Procedure Articles\n320 and 871.1 after a contradictory court hearing, or to enforce a temporary restraining order\nor ex parte protective order issued pursuant to R.S. 9:361, R.S. 9:372, R.S. 46:2131 et seq.,\nR.S. 46:2151, R.S. 46:2171 et seq., R.S. 46:2181 et seq., Children's Code Article 1564 et\nseq., Code of Civil Procedure Articles 3604 and 3607.1, or Code of Criminal Procedure\nArticle 320 if the defendant has been given notice of the temporary restraining order or ex\nparte protective order by service of process as required by law.\n\n(2) Law enforcement officers shall at a minimum issue a summons to the person in\nviolation of a temporary restraining order, a preliminary or permanent injunction, or a\nprotective order issued pursuant to R.S. 9:361 et seq., R.S. 9:372, R.S. 46:2131 et seq., R.S.\n46:2151, R.S. 46:2181 et seq., Children's Code Article 1564 et seq., Code of Civil Procedure\nArticles 3604 and 3607.1, or Code of Criminal Procedure Articles 30, 320, and 871.1.\n\nF. This Section shall not be construed to bar or limit the effect of any other criminal\nstatute or civil remedy.\n\nG. \"Instant offense\" as used in this Section means the offense which is before the\ncourt.\n\nH. An offender ordered to participate in a court-monitored domestic abuse\nintervention program under the provision of this Section shall pay the cost incurred in\nparticipating in the program, unless the court determines that the offender is unable to pay. \nFailure to make payment under this Subsection shall subject the offender to revocation of\nprobation.\n\nAdded by Acts 1983, No. 497, \u00a71; Acts 1987, No. 268, \u00a71; Acts 1994, 3rd Ex. Sess.,\nNo. 70, \u00a71; Acts 1995, No. 905, \u00a71; Acts 1997, No. 1156, \u00a76; Acts 1999, No. 659, \u00a71; Acts\n1999, No. 1200, \u00a71; Acts 2003, No. 750, \u00a75; Acts 2003, No. 1198, \u00a71; Acts 2014, No. 317,\n\u00a72; Acts 2014, No. 318, \u00a72; Acts 2014, No. 355, \u00a73; Acts 2015, No. 242, \u00a72; Acts 2015, No.\n440, \u00a71; Acts 2016, No. 409, \u00a72; Acts 2017, No. 90, \u00a71; Acts 2018, No. 293, \u00a71; Acts 2018,\nNo. 367, \u00a71, eff. Oct. 1, 2018; Acts 2018, No. 679, \u00a72; Acts 2020, No. 246, \u00a72; Acts 2022,\nNo. 75, \u00a71."
}