House Bill No. by Representative Villio amends R.S. 46:2135 to enhance the procedures surrounding temporary restraining orders (TROs) in Louisiana. The bill allows courts to consider not only past histories of abuse or threats but also any and all past criminal histories of the parties involved in the proceedings. This change aims to provide a more comprehensive understanding of the potential danger posed by the parties when determining the necessity of a TRO. Additionally, the bill stipulates that if a party's criminal history is considered, they must be given the opportunity to rebut and respond to this evidence during the rule to show cause hearing.

Furthermore, the bill retains existing provisions that require a rule to show cause hearing to be scheduled within 21 days if a TRO is granted without notice, or within 10 days if no TRO is issued. It emphasizes the importance of notifying the affected parties about the TRO and the subsequent hearing, ensuring that due process is upheld. Overall, the proposed amendments aim to strengthen the legal framework for addressing abuse and ensuring that all relevant evidence is considered in a fair manner.

Statutes affected:
HB57 Original: 46:2135(A)