Louisiana Revised Statutes & Codes

La. Rev. Stat. § 9:362 (2026)

Definitions

✓ current as of May 2026

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§362. Definitions

As used in this Part:

(1) "Abused parent" means the parent who has not committed family violence.

(2) "Court" means any district court, juvenile court, or family court having jurisdiction over the parents and/or child at issue.

(3) " "Court-monitored domestic abuse intervention program" means a program, comprised of a minimum of twenty-six in-person sessions, that follows a model designed specifically for perpetrators of domestic abuse. The offender's progress in the program shall be monitored by the court. The provider of the program shall have all of the following:

(a) Experience in working directly with perpetrators and victims of domestic abuse.

(b) Experience in facilitating batterer intervention groups.

(c) Training in the causes and dynamics of domestic violence, characteristics of batterers, victim safety, and sensitivity to victims.

(4) "Family violence" includes but is not limited to physical or sexual abuse and any offense against the person as defined in the Criminal Code of Louisiana, except negligent injuring and defamation, committed by one parent against the other parent or against any of the children. Family violence does not include reasonable acts of self-defense utilized by one parent to protect himself or herself or a child in the family from the family violence of the other parent.

(5) "Injunction" means a temporary restraining order or a preliminary or a permanent court ordered injunction, as defined in the Code of Civil Procedure, which prohibits the violent parent from in any way contacting the abused parent or the children except for specific purposes set forth in the injunction, which shall be limited to communications expressly dealing with the education, health, and welfare of the children, or for any other purpose expressly agreed to by the abused parent. All such injunctions shall prohibit the violent parent, without the express consent of the abused parent, from intentionally going within fifty yards of the home, school, place of employment, or person of the abused parent and the children, or within fifty feet of any of their automobiles, except as may otherwise be necessary for court ordered visitation or except as otherwise necessitated by circumstances considering the proximity of the parties' residences or places of employment. Such injunctions shall be issued in the form of a Uniform Abuse Prevention Order and transmitted to the Louisiana Protective Order Registry, as required by this Part.

(6) "Sexual abuse" includes but is not limited to acts which are prohibited by R.S. 14:41, 42, 42.1, 43, 43.1, 43.2, 43.4, 78, 80, 81, 81.1, 81.2, 89 and 89.1.

(7) "Supervised visitation" means face-to-face contact between a parent and a child which occurs in the immediate presence of a supervising person approved by the court under conditions which prevent any physical abuse, threats, intimidation, abduction, or humiliation of either the abused parent or the child. The supervising person shall not be any relative, friend, therapist, or associate of the parent perpetrating family violence. With the consent of the abused parent, the supervising person may be a family member or friend of the abused parent. At the request of the abused parent, the court may order that the supervising person shall be a police officer or other competent professional. The parent who perpetrated family violence shall pay any and all costs incurred in the supervision of visitation. In no case shall supervised visitation be overnight or in the home of the violent parent.

Acts 1992, No. 1091, §1; Acts 1995, No. 888, §1; Acts 1997, No. 1156, §4; Acts 2014, No. 194, §1, eff. August 1, 2014; Acts 2014, No. 333, §1, eff. August 1, 2014.

Notes of Decisions

Cited in 45 cases (12 in the last 5 years), 1994–2025 · leading case: Dufresne v. Dufresne, 992 So. 2d 579 (La. Ct. App. 2008).

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Dufresne v. Dufresne, 992 So. 2d 579 (La. Ct. App. 2008). · cites it 5× “Dufresne's Motion for New Trial, this judgment was amended to correct the references "from the LSA-R.S. 9:362 and 364 statutes to the correct reference, LSA-R.”

Michelli v. Michelli, 655 So. 2d 1342 (La. Ct. App. 1995). · cites it 5× “The trial court's finding that sporadic acts of violence were committed by both parties was manifestly erroneous since R.S. 9:362(3) excludes reasonable acts of self defense by the abused party from the definition of "family violence".”

State in Interest of AC, 643 So. 2d 719 (La. 1994). “R.S. 9:362(5), "Supervised visitation" is defined as "face to face contact between a parent and a child which occurs in the immediate presence of a supervising person approved by the court under conditions which prevent any physical abuse, threats, intimidation, abduction, or…”

Hicks v. Hicks, 733 So. 2d 1261 (La. Ct. App. 1999). · cites it 2× “R.S. 9:362 concerning child custody where there is a history of family violence.”

Melancon v. Russell, 258 So. 3d 955 (La. Ct. App. 2018). · cites it 2× “R.S. 9:362 and La. R.S. 9:364 of the PSFVRA, when Elizabeth did not specifically plead for relief under this Act in her Answer and Reconventional Demand.”

Smith v. Smith, 16 So. 3d 643 (La. Ct. App. 2009). · cites it 2× “The presumption shall be overcome only by a preponderance of the evidence that the perpetrating par *650 ent has successfully ^completed a treatment program as defined in R.S. 9:362, is not abusing alcohol and the illegal use of drugs scheduled in R.”

Francois v. Francois, 941 So. 2d 722 (La. Ct. App. 2006). · cites it 3× “R.S. 9:362(4). 2. Whether the trial court’s protective order violates his constitutional right to attend the church of his choice.”

Nguyen v. Le, 960 So. 2d 261 (La. Ct. App. 2007). · cites it 2× “The presumption shall be overcome only by a preponderance of the evidence that the perpetrating parent has successfully completed a treatment program as defined in R.S. 9:362, is not abusing alcohol and the illegal use of drugs scheduled in R.”

Hollingsworth v. Semerad, 799 So. 2d 658 (La. Ct. App. 2001). · cites it 4× “R.S. 9:362, i.e., in the presence of a person not a relative or friend of the abusing parent.”

Lewis v. Lewis, 771 So. 2d 856 (La. Ct. App. 2000). · cites it 2× “The presumption shall be overcome only by a preponderance of the evidence that the perpetrating parent has successfully completed a treatment program as defined in R.S. 9:362, is not abusing alcohol and the illegal use of drugs scheduled in R.”

McFall v. Armstrong, 75 So. 3d 30 (La. Ct. App. 2011). “The presumption shall be overcome only by a preponderance of the evidence that the perpetrating parent has successfully completed a treatment program as defined in R.S. 9:362, is not abusing alcohol and the illegal use of drugs scheduled in R.”

Simmons v. Simmons, 649 So. 2d 799 (La. Ct. App. 1995). “LSA-R.S. 9:362(3). Even so, the enactment does not indicate what constitutes "a history of perpetuating" such conduct.”

Show all 45 citing cases →

— La. Rev. Stat. § 9:362(3) — 11 cases

Michelli v. Michelli, 655 So. 2d 1342 (La. Ct. App. 1995). “The trial court's finding that sporadic acts of violence were committed by both parties was manifestly erroneous since R.S. 9:362(3) excludes reasonable acts of self defense by the abused party from the definition of "family violence".”

Simmons v. Simmons, 649 So. 2d 799 (La. Ct. App. 1995). “LSA-R.S. 9:362(3). Even so, the enactment does not indicate what constitutes "a history of perpetuating" such conduct.”

Smith v. Smith, 16 So. 3d 643 (La. Ct. App. 2009). “The presumption shall be overcome only by a preponderance of the evidence that the perpetrating par *650 ent has successfully ^completed a treatment program as defined in R.S. 9:362, is not abusing alcohol and the illegal use of drugs scheduled in R.”

Ledet v. Ledet, 865 So. 2d 762 (La. Ct. App. 2003).

Lewis v. Lewis, 771 So. 2d 856 (La. Ct. App. 2000). “The presumption shall be overcome only by a preponderance of the evidence that the perpetrating parent has successfully completed a treatment program as defined in R.S. 9:362, is not abusing alcohol and the illegal use of drugs scheduled in R.”

— La. Rev. Stat. § 9:362(4) — 8 cases

Francois v. Francois, 941 So. 2d 722 (La. Ct. App. 2006). “R.S. 9:362(4). 2. Whether the trial court’s protective order violates his constitutional right to attend the church of his choice.”

Melancon v. Russell, 258 So. 3d 955 (La. Ct. App. 2018). “R.S. 9:362 and La. R.S. 9:364 of the PSFVRA, when Elizabeth did not specifically plead for relief under this Act in her Answer and Reconventional Demand.”

Codey Short Versus Ashley Burquera (La. Ct. App. 2024).

Jean Baptiste Casimir Graugnard, II v. Olivia Graugnard (La. Ct. App. 2022).

Laurie Marshall Versus Travis Thurman (La. Ct. App. 2025).

— La. Rev. Stat. § 9:362(5) — 2 cases

— La. Rev. Stat. § 9:362(6) — 1 case

Harper v. Harper, 764 So. 2d 1186 (La. Ct. App. 2000).

— La. Rev. Stat. § 9:362(7) — 6 cases

Dufresne v. Dufresne, 992 So. 2d 579 (La. Ct. App. 2008). “Dufresne's Motion for New Trial, this judgment was amended to correct the references "from the LSA-R.S. 9:362 and 364 statutes to the correct reference, LSA-R.”

Jarrell v. Jarrell, 811 So. 2d 207 (La. Ct. App. 2002).

G.N.S. v. S.B.S., 796 So. 2d 739 (La. Ct. App. 2001).

D.O.H. v. T.L.H., 799 So. 2d 714 (La. Ct. App. 2001).

Gns v. Sbs, 796 So. 2d 739 (La. Ct. App. 2001).

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