2021 Legislative Update - Affirmation Only Required for Temporary Restraining Order

The Louisiana Legislature has amended the requirements for issuance of a Temporary Restraining Order (TRO) in Act 394. Prior to this change, the law required that, in order for a TRO to be issued without notice to the defendant, the petitioner needed to submit a “verified petition” or “supporting affidavit.” The law now merely requires “an affirmation as provided in Article 3603.1(C)(3)" that immediate and irreparable injury, loss, or damage will result to the petitioner before the hearing.

Code of Civil Procedure Article 3603.1(C)(3) now provides:

When a complainant is seeking a temporary restraining order for protection from domestic abuse, dating violence, stalking, or sexual assault, it is sufficient for the petition to contain a written affirmation signed and dated by the complainant that the facts and circumstances contained in the complaint are true and correct to the best knowledge, information, and belief of the complainant, under penalty of perjury pursuant to R.S. 14:123. The affirmation shall be made before a witness who shall sign and print his name."

If you or someone you know needs assistance regarding a protective order, give us a call at (318) 459-9111 to set up a consult.