14:79 A.(1)(b)Violation of protective order - service proper if tendered a certified copy or electronic or faxed copy
A defendant may also be deemed to have been properly served if tendered a certified copy of a temporary restraining order or ex parte protective order, or if tendered a faxed or electronic copy of a temporary restraining order or ex parte protective order received directly from the issuing magistrate, commissioner, hearing officer, judge or court, by any law enforcement officer who has been called to any scene where the named defendant is present.
Effective: 08/01/2016 - Present
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14:79 A.(2)Violation of protective order - misdemeanor willful disobedience of an order of protection issued by a foreign state
Violation of protective orders shall also include the willful disobedience of an order of protection issued by a foreign state.
Effective: 08/01/2016 - Present
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14:79 A.(2).Violation of protective order - felony willful disobedience of an order of protection issued by a foreign state
Violation of protective orders shall also include the willful disobedience of an order of protection issued by a foreign state.
Effective: 08/01/2016 - Present
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14:79 A.(3)(a)Violation of protective order - misdemeanor willful disobedience of an order to stay away from a specific person or persons as a condition of release on bond
Violation of protective orders shall also include the willful disobedience of 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.
Effective: 08/15/1999 - Present
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14:79 A.(3)(a).Violation of protective order - felony willful disobedience of an order to stay away from a specific person or persons as a condition of release on bond
Violation of protective orders shall also include the willful disobedience of 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.
Effective: 08/15/1999 - Present
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14:79 A.(3)(b)Violation of protective order - misdemeanor willful disobedience of an order to stay away from any specific person as condition of release on probation
Violation of protective orders shall also include the willful disobedience of 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.
Effective: 08/15/1999 - Present
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14:79 A.(3)(b).Violation of protective order - felony willful disobedience of an order to stay away from any specific person as condition of release on probation
Violation of protective orders shall also include the willful disobedience of 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.
Effective: 08/15/1999 - Present
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14:79 A.(3)(c)Violation of protective order - misdemeanor willful disobedience of a condition of a parole release which requires that the parolee stay away from any specific person
Violation of protective orders shall also include the willful disobedience of a condition of a parole release which requires that the parolee stay away from any specific person.
Effective: 08/15/1999 - Present
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14:79 A.(3)(c).Violation of protective order - felony willful disobedience of a condition of a parole release which requires that the parolee stay away from any specific person
Violation of protective orders shall also include the willful disobedience of a condition of a parole release which requires that the parolee stay away from any specific person.
Effective: 08/15/1999 - Present
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14:79 A.(3)(d)Violation of protective order - misdemeanor willful disobedience of an order issued pursuant to R.S. 46:1846
Violation of protective orders shall also include the willful disobedience of an order issued pursuant to R.S. 46:1846
Effective: 08/01/2018 - Present
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14:79 A.(3)(d).Violation of protective order - misdemeanor willful disobedience of an order issued pursuant to R.S. 46:1846
Violation of protective orders shall also include the willful disobedience of an order issued pursuant to R.S. 46:1846
Effective: 08/01/2018 - Present
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14:79 A.(4)Violation of protective order - misdemeanor possession of a firearm or carrying a concealed weapon in violation of R.S. 46:2136.3, the purchase or attempted purchase of a firearm, carrying of a concealed weapon in violation of R.S. 14:95.1, 95.10
Violation of protective orders shall also include the possession of a firearm or carrying a concealed weapon in violation of R.S. 46:2136.3, the purchase or attempted purchase of a firearm, and the carrying of a concealed weapon in violation of R.S. 14:95.1, 95.1.3, or 95.10.
Effective: 10/01/2018 - Present
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14:79 A.(4).Violation of protective order - felony possession of a firearm or carrying a concealed weapon in violation of R.S. 46:2136.3, the purchase or attempted purchase of a firearm, carrying of a concealed weapon in violation of R.S. 14:95.1, 95.10
Violation of protective orders shall also include the possession of a firearm or carrying a concealed weapon in violation of R.S. 46:2136.3, the purchase or attempted purchase of a firearm, and the carrying of a concealed weapon in violation of R.S. 14:95.1, 95.1.3, or 95.10.
Effective: 10/01/2018 - Present
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14:79 B.(1)Violation of protective order - first conviction penalty when violation doesn't involve battery or any crime of violence
On a first conviction for violation of protective orders which does not involve a battery or any crime of violence as defined by R.S. 14:2(B) against the person protected by the protective order, the offender shall be fined not more than five hundred dollars or imprisoned for not more than six months, or both.
Effective: 08/01/2017 - Present
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14:79 B.(2)Violation of protective order - second or subsequent offense penalty when violation doesn't involve battery or any crime of violence
On a 2nd or subsequent conviction for violation of protective orders which does not involve a battery or any crime of violence against the person protected by the protective order the offender shall be fined not more than $1,000 and imprisoned with or without hard labor for not less than 14 days nor more than 2 years. At least 14 days of the sentence of imprisonment imposed under this Paragraph shall be w/o 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-monitored domestic abuse intervention program
Effective: 08/01/2017 - Present
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14:79 C.(1)Violation of protective order - penalty when violation involves a battery or crime of violence
Whoever is convicted of the offense of violation of protective orders where the violation involves a battery or any crime of violence as defined by R.S. 14:2(B) against the person for whose benefit the protective order is in effect, shall be fined not more than one thousand dollars and imprisoned with or without hard labor for not less than three months nor more than two years. At least 30 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-monitored domestic abuse intervention program.
Effective: 08/01/2017 - Present
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14:79 C.(2)Violation of protective order - penalty when violation involves a battery or crime of violence with previous conviction of violating protective order
Whoever is convicted of the offense of violation of protective orders where the violation involves a battery or any crime of violence as defined by R.S. 14:2(B) against the person for whose benefit the protective order is in effect, and who has a conviction of violating a protective order or of an assault or battery upon the person for whose benefit the protective order is in effect during the five-year period prior to commission of the instant offense, regardless of whether the instant offense occurred before or after the earlier convictions, the offender shall be fined not more than two thousand dollars and imprisoned with or without hard labor for not less than one year nor more than five years. At least one year of the sentence of impri
Effective: 08/01/2017 - Present
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14:79 D.Violation of protective order - court may direct fine be paid for support of spouse or children of offender
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.
Effective: 08/27/1994 - Present
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14:79 E.(1)Violation of protective order - every reasonable means shall be used to enforce a violation
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.
Effective: 08/01/2015 - Present
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14:79 E.(2)Violation of protective order - at minimum a summons shall be issued to the person in violation
Law enforcement officers shall at a minimum issue a summons to the person in violation of a temporary restraining order, a preliminary or permanent injunction, or a protective order issued pursuant to R.S. 9:361 et seq., R.S. 9:372, R.S. 46:2131 et seq., R.S. 46:2151, R.S. 46:2181 et seq., Children's Code Article 1564 et seq., Code of Civil Procedure Articles 3604 and 3607.1, or Code of Criminal Procedure Articles 30, 327.1, 335.2, and 871.1.
Effective: 08/01/2015 - Present
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14:79 F.Violation of protective order - this section shall not bar or limit any other criminal statute or civil remedy
This Section shall not be construed to bar or limit the effect of any other criminal statute or civil remedy.
Effective: 08/01/2014 - Present
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14:79 G.Violation of protective order - definition of 'instant offense' as used in this Section
'Instant offense' as used in this Section means the offense which is before the court.
Effective: 08/27/1994 - Present
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14:79 H.Violation of protective order - ofender shall pay the cost incurred in participating in the program unless unable to pay
An offender ordered to participate in a court-monitored domestic abuse intervention 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.
Effective: 08/01/2015 - Present
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14:79.1Criminal abandonment
Criminal abandonment
Effective: 06/12/2008 - Present
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14:79.1 A.(1)Criminal abandonment - intentional physical abandonment of child under 10 by being left alone without intent to return to child or provide supervision
Criminal abandonment is the intentional physical abandonment of a minor child under the age of ten years by the child's parent or legal guardian by leaving the minor child unattended and to his own care when the evidence demonstrates that the child's parent or legal guardian did not intend to return to the minor child or provide for adult supervision of the minor child.
Effective: 06/12/2008 - Present
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