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La. Rev. Stat. § 46:2135 (2026)

Temporary restraining order

✓ current as of May 2026
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§2135. Temporary restraining order

           A. Upon good cause shown in an ex parte proceeding, the court may enter a temporary restraining order, without bond, as it deems necessary to protect from abuse the petitioner, any minor children, or any person alleged to be an incompetent. Any person who shows immediate and present danger of abuse shall constitute good cause for purposes of this Subsection. The court shall consider any and all past history of abuse, or threats thereof, in determining the existence of an immediate and present danger of abuse. There is no requirement that the abuse itself be recent, immediate, or present. The order may include but is not limited to the following:

           (1) Directing the defendant to refrain from abusing, harassing, or interfering with the person or employment or going near the residence or place of employment of the petitioner, the minor children, or any person alleged to be incompetent, on whose behalf a petition was filed under this Part.

           (2) Awarding to a party use and possession of specified jointly owned or leased property, such as an automobile.

           (3) Granting possession to the petitioner of the residence or household to the exclusion of the defendant, by evicting the defendant or restoring possession to the petitioner where:

           (a) The residence is jointly owned in equal proportion or leased by the defendant and the petitioner or the person on whose behalf the petition is brought;

           (b) The residence is solely owned by the petitioner or the person on whose behalf the petition is brought; or

           (c) The residence is solely leased by defendant and defendant has a duty to support the petitioner or the person on whose behalf the petition is brought.

           (4) Prohibiting either party from the transferring, encumbering, or otherwise disposing of property mutually owned or leased by the parties, except when in the ordinary course of business, or for the necessary support of the party or the minor children.

           (5) Awarding temporary custody of minor children or persons alleged to be incompetent.

           (6) Awarding or restoring possession to the petitioner of all separate property and all personal property, including but not limited to telephones or other communication equipment, computers, medications, clothing, toiletries, social security cards, birth certificates or other forms of identification, tools of the trade, checkbooks, keys, automobiles, photographs, jewelry, or any other items or personal effects of the petitioner and restraining the defendant from transferring, encumbering, concealing, or disposing of the personal or separate property of the petitioner.

           (7) Granting to the petitioner the exclusive care, possession, or control of any pets belonging to or under the care of the petitioner or minor children residing in the residence or household of either party, and directing the defendant to refrain from harassing, interfering with, abusing or injuring any pet, without legal justification, known to be owned, possessed, leased, kept, or held by either party or a minor child residing in the residence or household of either party.

           B. If a temporary restraining order is granted without notice, the matter shall be set within twenty-one days for a rule to show cause why the protective order should not be issued, at which time the petitioner must prove the allegations of abuse by a preponderance of the evidence. The defendant shall be given notice of the temporary restraining order and the hearing on the rule to show cause by service of process as required by law within twenty-four hours of the issuance of the order.

           C. During the existence of the temporary restraining order, a party shall have the right to return to the family residence once to recover his or her personal clothing and necessities, provided that the party is accompanied by a law enforcement officer to ensure the protection and safety of the parties.

           D. If no temporary restraining order has been granted, the court shall issue a rule to show cause why the protective order should not be issued, and set the rule for hearing on the earliest day that the business of the court will permit, but in any case within ten days from the date of service of the petition, at which time the petitioner must prove the allegations of abuse by a preponderance of the evidence. The defendant shall be given notice by service of process as required by law.

           E. If the hearing pursuant to Subsection B or D of this Section is continued, the court shall make or extend such temporary restraining orders as it deems necessary. Any continuance of a hearing ordered pursuant to Subsection B or D of this Section shall not exceed fifteen days, unless good cause is shown for further continuance.

           F. The court may, in its discretion, grant an emergency temporary restraining order outside regular court hours.

           G. Immediately upon entering a temporary restraining order, the judge shall cause to have prepared a Uniform Abuse Prevention Order, as provided in R.S. 46:2136.2(C), shall sign such order, and shall immediately forward it to the clerk of court for filing on the day that the order is issued.

           H. The clerk of the issuing court shall transmit the Uniform Abuse Prevention Order to the judicial administrator's office, Louisiana Supreme Court, for entry into the Louisiana Protective Order Registry, as provided in R.S. 46:2136.2(A), by facsimile transmission or direct electronic input as expeditiously as possible, but no later than the end of the next business day after the order is filed with the clerk of court. The clerk of the issuing court shall also send a copy of the Uniform Abuse Prevention Order, as provided in R.S. 46:2136.2(C), or any modification thereof, to the chief law enforcement officer of the parish where the person or persons protected by the order reside by facsimile transmission or direct electronic input as expeditiously as possible, but no later than the end of the next business day after the order is filed with the clerk of court. A copy of the Uniform Abuse Prevention Order shall be reviewed by the law enforcement agency and shall be retained on file in the office of the chief law enforcement officer until otherwise directed by the court.

           I. The initial rule to show cause hearing required pursuant to Subsection B or D may be conducted by a hearing officer who is qualified and selected in the same manner provided in R.S. 46:236.5(C). The hearing officer shall be subject to the applicable limitations and shall follow the applicable procedures provided in R.S. 46:236.5(C). The hearing officer shall make recommendations to the court as to the action that should be taken in the matter.

           J. Upon filing a petition for a temporary restraining order, regardless of whether the court grants the temporary restraining order, the clerk of court shall notify the petitioner of his right to initiate criminal proceedings and shall inform the petitioner that the granting of a temporary restraining order pursuant to the provisions of this Section does not automatically file criminal charges against the defendant.

           Added by Acts 1982, No. 782, §2. Acts 1983, No. 406, §1; Acts 1983, No. 407, §1; Acts 1984, No. 77, §1; Acts 1997, No. 1156, §7; Acts 1999, No. 1200, §2; Acts 1999, No. 1336, §1; Acts 2003, No. 750, §6; Acts 2006, No. 777, §1; Acts 2008, No. 411, §1, eff. June 21, 2008; Acts 2009, No. 427, §1, eff. August 15, 2009; Acts 2014, No. 317, §3, eff. August 1, 2014; Acts 2015, No. 85, §1, eff. August 1, 2015; Acts 2018, No. 206, §5, eff. August 1, 2018; Acts 2019, No. 417, §1, eff. August 1, 2019.

Notes of Decisions
Cited in 66 cases (24 in the last 5 years), 1988–2026 · leading case: Shaw v. Young, 199 So. 3d 1180 (La. Ct. App. 2016).
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Shaw v. Young, 199 So. 3d 1180 (La. Ct. App. 2016). · cites it 5× “R.S. 46:2135(A). According to the statute, the court shall consider any and all past history of abuse, or threats thereof, in determining the existence of an immediate and present danger of abuse.”
Lepine v. Lepine, 223 So. 3d 666 (La. Ct. App. 2017). · cites it 4× “R.S. 46:2135. In the event - a party is aggrieved by the granting of a TRO, that party may seek review by way of an- application for supervisory writs to the Court of Appeal, which we note that Troy did not do as to any of the TROs issued in this case.”
Scott v. Hogan, 255 So. 3d 24 (La. Ct. App. 2018). · cites it 5× “R.S. 46:2135(A) ; Thomas v. Hyatt, 2012-1891 (La.”
Rouyea v. Rouyea, 808 So. 2d 558 (La. Ct. App. 2001). · cites it 4× “R.S. 46:2135(A). If the TRO is granted without notice, the matter shall be set for a hearing within twenty days, at which time, cause must be shown why a protective order should not be issued.”
Durden v. Durden, 165 So. 3d 1131 (La. Ct. App. 2015). · cites it 7× “R.S. 46:2135 23 and not pursuant to La. R.”
S.L.B. v. C.E.B., 252 So. 3d 950 (La. Ct. App. 2018). · cites it 3× “R.S. 46:2135 and 46:2136 require that there be 'good cause shown' for the issuance of a protective order.”
Alfonso v. Cooper, 146 So. 3d 796 (La. Ct. App. 2014). · cites it 4× “46:2135(B), which provides: If a temporary restraining order is granted without notice, the matter shall be set within twenty-one days for a rule to show cause why the protective order should not be issued, at which time the petitioner must prove the allegations of abuse by a…”
D.M.S. v. I.D.S., 225 So. 3d 1127 (La. Ct. App. 2015). · cites it 4× “R.S. 46:2135 and 46:2136 require that there be “good cause shown” for the issuance of a protective order.”
Dvilansky v. Correu, 204 So. 3d 686 (La. Ct. App. 2016). · cites it 3× “R.S. 46:2135 and 46:2136 require that there be “good cause shown” for the issuance of a protective order.”
Okechukwu v. Okechukwu, 139 So. 3d 1135 (La. Ct. App. 2014). · cites it 12× “R.S. 46:2135. Mitchell v. Marshall, 02-15 (La.”
Munger v. Sirenko, 224 So. 3d 445 (La. Ct. App. 2017). · cites it 2× “46:2135 as a showing of “immediate and present danger of abuse.” Additionally, the definition of domestic abuse includes, but is not limited to, physical or sexual abuse or any offense against the person, physical or non-physical, as defined in the Louisiana Criminal Code,…”
Rodriguez v. Claassen, 207 So. 3d 490 (La. Ct. App. 2016). “46:2132(3), or the threat or danger thereof, to a party, any minor children, or any person alleged to be incompetent, which relief may include but is not limited to: (1) Granting the relief enumerated in R.S. 46:2135. (2) Where there is a duty to support a party, any minor…”
Show all 66 citing cases →
— La. Rev. Stat. § 46:2135(A) — 21 cases
Shaw v. Young, 199 So. 3d 1180 (La. Ct. App. 2016). “R.S. 46:2135(A). According to the statute, the court shall consider any and all past history of abuse, or threats thereof, in determining the existence of an immediate and present danger of abuse.”
Scott v. Hogan, 255 So. 3d 24 (La. Ct. App. 2018). “R.S. 46:2135(A) ; Thomas v. Hyatt, 2012-1891 (La.”
Rouyea v. Rouyea, 808 So. 2d 558 (La. Ct. App. 2001). “R.S. 46:2135(A). If the TRO is granted without notice, the matter shall be set for a hearing within twenty days, at which time, cause must be shown why a protective order should not be issued.”
Alfonso v. Cooper, 146 So. 3d 796 (La. Ct. App. 2014). “46:2135(B), which provides: If a temporary restraining order is granted without notice, the matter shall be set within twenty-one days for a rule to show cause why the protective order should not be issued, at which time the petitioner must prove the allegations of abuse by a…”
Harper v. Harper, 537 So. 2d 282 (La. Ct. App. 1988).
— La. Rev. Stat. § 46:2135(A)(1) — 14 cases
Lepine v. Lepine, 223 So. 3d 666 (La. Ct. App. 2017). “R.S. 46:2135. In the event - a party is aggrieved by the granting of a TRO, that party may seek review by way of an- application for supervisory writs to the Court of Appeal, which we note that Troy did not do as to any of the TROs issued in this case.”
Shaw v. Young, 199 So. 3d 1180 (La. Ct. App. 2016). “R.S. 46:2135(A). According to the statute, the court shall consider any and all past history of abuse, or threats thereof, in determining the existence of an immediate and present danger of abuse.”
State v. Castillo, 167 So. 3d 624 (La. Ct. App. 2014).
Commonwealth v. Telcinord, 113 N.E.3d 382 (Mass. App. Ct. 2018).
Price v. Woods (W.D. La. 2023).
— La. Rev. Stat. § 46:2135(A)(2) — 1 case
Anders v. Anders, 618 So. 2d 452 (La. Ct. App. 1993).
— La. Rev. Stat. § 46:2135(A)(3) — 1 case
Lepine v. Lepine, 223 So. 3d 666 (La. Ct. App. 2017). “R.S. 46:2135. In the event - a party is aggrieved by the granting of a TRO, that party may seek review by way of an- application for supervisory writs to the Court of Appeal, which we note that Troy did not do as to any of the TROs issued in this case.”
— La. Rev. Stat. § 46:2135(A)(4) — 1 case
Price v. Woods (W.D. La. 2023).
— La. Rev. Stat. § 46:2135(A)(5) — 1 case
Young v. Young, 999 So. 2d 351 (La. Ct. App. 2008).
— La. Rev. Stat. § 46:2135(B) — 25 cases
Rouyea v. Rouyea, 808 So. 2d 558 (La. Ct. App. 2001). “R.S. 46:2135(A). If the TRO is granted without notice, the matter shall be set for a hearing within twenty days, at which time, cause must be shown why a protective order should not be issued.”
Scott v. Hogan, 255 So. 3d 24 (La. Ct. App. 2018). “R.S. 46:2135(A) ; Thomas v. Hyatt, 2012-1891 (La.”
Shaw v. Young, 199 So. 3d 1180 (La. Ct. App. 2016). “R.S. 46:2135(A). According to the statute, the court shall consider any and all past history of abuse, or threats thereof, in determining the existence of an immediate and present danger of abuse.”
Alfonso v. Cooper, 146 So. 3d 796 (La. Ct. App. 2014). “46:2135(B), which provides: If a temporary restraining order is granted without notice, the matter shall be set within twenty-one days for a rule to show cause why the protective order should not be issued, at which time the petitioner must prove the allegations of abuse by a…”
Lepine v. Lepine, 223 So. 3d 666 (La. Ct. App. 2017). “R.S. 46:2135. In the event - a party is aggrieved by the granting of a TRO, that party may seek review by way of an- application for supervisory writs to the Court of Appeal, which we note that Troy did not do as to any of the TROs issued in this case.”
— La. Rev. Stat. § 46:2135(C) — 1 case
Cazes v. Pertuit, 864 So. 2d 705 (La. Ct. App. 2003).
— La. Rev. Stat. § 46:2135(D) — 1 case
James v. Warren, 240 So. 3d 967 (La. Ct. App. 2017).
— La. Rev. Stat. § 46:2135(E) — 1 case
Keneker v. Keneker, 579 So. 2d 1083 (La. Ct. App. 1991).
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