Adds intentional evasion of service of process for certain court orders as conduct that constitutes a violation of a protective order
Adds intentional evasion of service of process for certain court orders as conduct that constitutes a violation of a protective order
This bill creates a new criminal violation by adding subsection I to Louisiana Revised Statutes 14:79, which addresses violations of protective orders. The new provision establishes that any person who intentionally evades service of process of lawful court orders enumerated in the statute commits a criminal violation. The enumerated orders include spousal abuse injunctions issued during or after divorce proceedings, protective orders for individuals with mental illness or substance addiction issues, temporary restraining orders and protective orders to prevent domestic abuse, restraining orders to prevent abuse between dating partners, civil domestic violence protective orders, and Uniform Abuse Prevention Orders issued in connection with peace bonds, conditions of release in domestic offense cases, or sentencing conditions. By referencing these multiple statutes and code articles, the bill establishes a comprehensive list of court-issued protective and restraining orders whose violation through evasion of service becomes criminally prosecutable.
The practical effect of this legislation is to expose any person who intentionally avoids being served with one of these specified protective or restraining orders to criminal liability under the existing framework of Louisiana Revised Statutes 14:79. Individuals subject to such orders, particularly those in domestic abuse situations or those deemed dangerous due to mental illness or addiction, who take affirmative steps to evade proper service of process, may now face criminal charges in addition to civil contempt proceedings. Law enforcement and district attorneys will gain an additional tool to enforce compliance with protective orders by treating evasion of service as a standalone criminal offense rather than relying solely on civil enforcement mechanisms.
This legislation operates within Louisiana's existing criminal code structure by adding to section 79 of the Penal Code, which already establishes penalties for violation of protective orders. The bill interacts with numerous civil and criminal procedural statutes that govern the issuance and service of protective and restraining orders across multiple contexts including family law, domestic violence, dating partner abuse, mental health emergency orders, and criminal procedure. The criminal penalties established in the existing R.S. 14:79 apply to this new subsection, meaning that violators would face the same punishment structure already in place for other protective order violations. The legislation essentially closes a potential enforcement gap by making it a crime to avoid being served with protective orders in the first place, rather than only punishing violations after proper service has been accomplished.
AI-Generated Summary — For Reference Only. This summary was generated by artificial intelligence and may contain errors, misstatements, omissions, inconsistencies, or inaccuracies. It does not constitute legal advice and should not be relied upon as an authoritative interpretation of the bill or applicable law. Users should consult the official bill text, Louisiana Revised Statutes, and other primary legal authorities when forming any legal, regulatory, or policy conclusions. SessionSource assumes no liability for decisions made in reliance on AI-generated content.