La. Stat. tit. 46 § 2136.2

Current with changes from the 2024 Legislative Session

Section 46:2136.2 - Louisiana Protective Order Registry

A. In order to provide a statewide registry for abuse prevention orders to protect victims and witnesses and to prevent domestic abuse, dating violence, stalking, sexual assault, and crimes of violence and to aid law enforcement, prosecutors, and the courts in handling such matters, there shall be created a Louisiana Protective Order Registry administered by the judicial administrator's office, Louisiana Supreme Court. The judicial administrator's office shall collect the data transmitted to it from the courts, law enforcement, and private process servers of the state and enter it into the Louisiana Protective Order Registry as expeditiously as possible.

B. The Louisiana Protective Order Registry encompasses temporary restraining orders, protective orders, preliminary injunctions, permanent injunctions, and court-approved consent agreements resulting from actions brought pursuant to R.S. 46:2131 et seq., R.S. 46:2151, R.S. 46:2171 et seq., R.S. 46:2181 et seq., R.S. 9:361 et seq., R.S. 9:372, Children's Code Article 1564 et seq., Code of Civil Procedure Article 3607.1, or peace bonds pursuant to Code of Criminal Procedure Article 30(B), or as part of the disposition, sentence, bail condition, or other issue ancillary to a criminal matter pursuant to R.S. 46:1846, Code of Criminal Procedure Article 320 or 871.1 , or any other lawfully issued Uniform Abuse Prevention Order.

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C. The courts of this state shall use a uniform form for the issuance of any protective or restraining order, which form shall be developed, approved, and distributed by the judicial administrator's office, shall be titled the "Uniform Abuse Prevention Order".

D. The clerk of the issuing court shall immediately send a copy of the order or any modification thereof to the Louisiana Protective Order Registry and to the chief law enforcement officer of the parish in which the person or persons protected by the order reside as expeditiously as possible but no later than the end of the next calendar day after the order is filed with the clerk of court. Transmittal of the Uniform Abuse Prevention Order shall be made by transmission or direct electronic input as expeditiously as possible, but no later than the end of the next calendar day after the order is filed with the clerk of court.

E. Upon formation, the registry shall immediately implement a daily process of expungement of records and names of the parties in all cases where either a temporary restraining order expires without conversion to an injunction or, after an evidentiary hearing, it is determined that a protective order is not warranted.

F. The judicial administrator's office shall make the Louisiana Protective Order Registry available to state and local law enforcement agencies, district attorney offices, the Department of Children and Family Services, office of children and family services, child support enforcement section, the Louisiana Department of Health, bureau of protective services, the office of elderly affairs, elderly protective services, the office of the attorney general, and the courts.

G. The judicial administrator's office shall develop policies and procedures that provide for immediate entry of protection orders received by the office to include those received the next calendar day. To avoid delays in entry, the office shall have the authority to authorize agencies to enter protective orders directly into the registry when certain conditions or criteria exist.

La. R.S. § 46:2136.2

Acts 1997, No. 1156, §7; Acts 1999, No. 213, §1; Acts 2003, No. 750, §6; Acts 2004, No. 674, §1; Acts 2012, No. 255, §7; Acts 2014, No. 317, §3; Acts 2014, No. 318, §3; Acts 2014, No. 355, §2; Acts 2015, No. 242, §3; Acts 2018, No. 679, §3; Acts 2023, No. 309, §1, eff. Aug. 1, 2024.

Amended by Acts 2024, No. 225,s. 1, eff. 8/1/2024.