63 So. 3d 1149
La. Ct. App.2011Background
- Plaintiff Candiace Fontenot sought protective orders against her parents, Jackie Newcomer and Charles Newcomer Jr., on behalf of herself and her two minor children.
- Trial court granted a Temporary Restraining Order then a Permanent Injunction on July 1, 2010.
- Defendants moved for a new trial; the court granted it solely to modify the Order’s expiration date to 18 months from July 1, 2010.
- Plaintiffs petition and evidence centered on alleged stalking-like conduct, school stopping, and brief blocking of vehicles; no physical or verbal abuse was shown.
- Court reversed the protective order, recalling and vacating it, and allocated all appellate costs to Fontenot.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the acts alleged fall within the Domestic Abuse Assistance Law | Fontenot | Newcomers | The acts do not meet the statute’s domestic abuse threshold; order improper. |
| Whether there was an immediate need for protection | Fontenot | Newcomers | Insufficient proof of immediate need; protected order not warranted. |
Key Cases Cited
- Bays v. Bays, 779 So.2d 754 (La. 2001) (statutory scheme for civil relief in domestic violence actions; need for proper petition and notice)
- Wise v. Wise, 833 So.2d 393 (La.App. 5 Cir. 2002) (due process and notice requirements in protective orders)
- Branstetter v. Purohit, 958 So.2d 740 (La.App. 4 Cir. 2007) (limitations of Domestic Abuse Assistance Law; threshold for abuse)
- Lee v. Smith, 4 So.3d 100 (La.App. 5 Cir. 2008) (protective order standards; abuse of discretion standard)