§ 58-42. Violation of protective orders (first offense).

(a)

(1)
Violation of protective orders is the willful disobedience of a preliminary or permanent injunction or protective order issued pursuant to R.S. 9:361 et seq., R.S. 9:372, R.S. 46:2131 et seq., Children's Code Article 1564 et seq., Code of Civil Procedure Article 3604, or Code of Criminal Procedure Article 335.1 after a contradictory court hearing, or the willful disobedience of a temporary restraining order or any ex parte protective order issued pursuant to R.S. 9:361 et seq., R.S. 9:372, R.S. 46:2131 et seq., criminal stay-away orders as provided for in Code of Criminal Procedure Articles 327.1, 335.1 and 871.1, Children's Code Article 1564 et seq., or Code of Civil Procedure Article 3604 if the defendant has been given notice of the temporary restraining order or ex parte protective order by service of process as required by law.

(2)

An order for protection from abuse issued by a foreign state shall be afforded full faith and credit. This order shall contain a certification by the issuing court confirming both of the following:

a.

That the issuing court has jurisdiction over the parties and subject matter under the law of the issuing state.

b.

That reasonable notice and opportunity to be heard were given to the defendant sufficient to protect the defendant's right to due process before the order was issued; or, if the order was issued ex parte, the court ordered that the defendant be given reasonable notice and an opportunity to be heard as required in the issuing state.

(3)

Violation of protective orders shall also include the willful disobedience of the following:

a.

An order issued by any state, federal, parish, city or municipal court judge, magistrate judge, commissioner or justice of the peace that a criminal defendant stay away from a specific person or persons as a condition of that defendant's release on bond.

b.

An order issued by any state, federal, parish, city or municipal court judge, magistrate judge, commissioner or justice of the peace that a defendant convicted of a violation of any state, federal, parish, municipal, or city criminal offense stay away from any specific person as a condition of that defendant's release on probation.

c.

A condition of a parole release which requires that the parolee stay away from any specific person.

(b)

On a first conviction for violation of protective orders which does not involve a battery to the person protected by the protective order, the offender shall be fined not more than $500.00 or imprisoned for not more than six months or both.

(c)

Whoever is convicted of the offense of violation of protective orders where the violation involves a battery to the person protected by the protective order, and who has not been convicted of violating a protective order or of an assault or battery upon the person protected by the protective order within the five years prior to commission of the instant offense, shall be fined not more than $500.00 and imprisoned for not less than 14 days nor more than six months. At least 14 days of the sentence of imprisonment imposed under this paragraph shall be without benefit of probation, parole, or suspension of sentence. If a portion of the sentence is imposed with benefit of probation, parole, or suspension of sentence, the court shall require the offender to participate in a court-approved domestic abuse counseling program as part of that probation.

(d)

If, as part of any sentence imposed under this section, a fine is imposed, the court may direct that the fine be paid for the support of the spouse or children of the offender.

(e)

Law enforcement officers shall use every reasonable means, including but not limited to immediate arrest of the violator, to enforce a preliminary or permanent injunction or protective order obtained pursuant to R.S. 9:361, R.S. 9:372, R.S. 46:2131 et seq., Children's Code Article 1564 et seq., Code of Civil Procedure Article 3604, or Code of Criminal Procedure Article 335.1 after a contradictory court hearing or to enforce a temporary retraining order or ex parte protective order issued pursuant to R.S. 9:361, R.S. 9:372, R.S. 46:2131 et seq., Children's Code Article 1564 et seq., Code of Civil Procedure Article 3604, or Code of Criminal Procedure Article 335.1 if the defendant has been given notice of the temporary restraining order or ex parte protective order by service of process as required by law.

(f)

This section shall not be construed to limit the effect of any other criminal statute or civil remedy.

(g)

"Instant offense" as used in this section means the offense which is before the court.

(h)

An offender ordered to participate in a domestic abuse counseling program under the provision of this section shall pay the cost incurred in participating in the program, unless the court determines that the offender is unable to pay. Failure to make payment under this subsection shall subject the offender to revocation of probation.

(Ord. No. 974, 4-8-02)