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Legal Information: Louisiana

Divorce

Updated: 
November 21, 2023

What types of injunctions related to abuse and harassment can a judge issue in a divorce case?

If the judge believes that there is family violence, the judge is supposed to issue an injunction as part of the divorce. The injunction, which takes the form of an abuse prevention order, would prohibit the violent spouse from contacting the abused parent or the children except for specific purposes such as communication about the children’s education, health, and welfare. The injunction will also order the violent parent to stay at least fifty yards away from the abused parent and children as well as their home, school, place of employment. It will also state that the abuser cannot come within fifty feet of the abused parent’s automobiles, except as may otherwise be necessary for court-ordered visitation.1

A violation of the injunction can punished as contempt of court and will result in the termination of all court-ordered child visitation.2

A judge can also grant an injunction that specifically prohibits a spouse from physically or sexually abusing the other spouse or a child of either of the parties.3

Lastly, a judge can issue an injunction prohibiting one spouse from harassing the other spouse.4

1 LA R.S. §§ 9:366(a); 9:362(5)
2 LA R.S. § 9:366(b)
3 LA R.S. § 9:372(a)
4 LA R.S. § 9:372.1