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      CHC 1568     

  

Art. 1568.  Petition

A.  A petition filed under the provisions of this Chapter shall contain the following:

(1)  The name of each petitioner and each person on whose behalf the petition is filed and the name, address, and parish of residence of each individual alleged to have committed abuse, if known.

(2)  If the petition is being filed on behalf of a child or person alleged to be incompetent, the relationship between that person and the petitioner.

(3)  The facts and circumstances concerning the alleged abuse.

(4)  The relationship between each petitioner and each individual alleged to have committed abuse.

(5)  A request for one or more protective orders or a temporary restraining order.

B.  The address and parish of residence of each petitioner and each person on whose behalf the petition is filed may remain confidential with the court.

C.  If the petition requests a protective order for a spouse and alleges that the other spouse has committed abuse, the petition shall state whether a suit for divorce is pending.

D.  If the petition requests the issuance of an ex parte temporary restraining order, the petition shall contain an affidavit signed by each petitioner that the facts and circumstances contained in the petition are true and correct to the best knowledge, information, and belief of the petitioner.  Any false statement under oath contained in the affidavit shall constitute perjury and shall be punishable by a fine of not more than one thousand dollars or by imprisonment with or without hard labor for not more than five years, or both.

E.  If a suit for divorce is pending, any application for a protective order shall be filed in that proceeding and shall be heard within the delays provided by this Chapter.  Any decree issued in a divorce proceeding filed subsequent to the filing of a petition or an order issued pursuant to this Chapter may, in the discretion of the court hearing the divorce proceeding, supersede in whole or in part the orders issued pursuant to this Chapter. Such subsequent decree shall be forwarded by the rendering court to the court having jurisdiction of the petition for a protective order and shall be made a part of the record thereof.  The findings and rulings made in connection with such protective orders shall not be res judicata in any subsequent proceeding.

Acts 1991, No. 235, §15, eff. Jan. 1, 1992; Acts 1997, No. 1156, §1.



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