HB 57 — EVIDENCE: Provides relative to evidence in temporary restraining order proceedings

HLSENROLLED 26RS-253 ENGROSSED Regular Session HOUSE BILL NO.

57 BY REPRESENTATIVE VILLIO EVIDENCE:AN ACT To amend and reenact R.S.

Provides relative to evidence in temporaryrestraining order proceedings AN ACT To amend and reenact R.S.

Upon good cause shown in an ex parte proceeding, the court may enter a temporary restraining order, without bond, as it deems necessary to protect from abusethepetitioner,anyminorchildren,oranypersonallegedtobeanincompetent.abusethepetitioner,anyminor children,oranypersonallegedtobeanincompetent.

AnypersonwhoshowsimmediateandpresentdangerofabuseshallconstitutegoodAnypersonwhoshowsimmediateandpresentdangerofabuseshall constitute good cause for purposes of this Subsection.

The court, on its own motion, mayalsomay also obtain and consider any and all past criminal history of the parties.

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HLS 26RS-253 ENGROSSED HB NO.

57 B.

Ifanycriminalhistoryhasbeenconsidered,the affectedpartyshallPage be1 givenof the2 opportunitytoCODING: rebut and to respond to the evidence used in the underlying proceeding.

TheWordsinstruckthroughtypearedeletionsfromexistinglaw;wordsunderscored defendantare shalladditions. be given notice of the temporaryrestraining order and the hearing on the rule to show cause by service of process as required bylaw within twenty-four hours of the issuance of the order.

HB NO.

57 ENROLLED affectedpartyshall be given the opportunity to rebut and to respond to the evidence used in the underlying proceeding.

The defendant shall be given notice of the temporary restraining order and the hearing on the rule to show cause by service of process as required bylaw within twenty-four hours of the issuance of the order.

* * * DIGESTSPEAKER ThedigestprintedbelowwaspreparedbyHouseLegislativeOF Services.THE HOUSE OF REPRESENTATIVES PRESIDENT OF THE SENATE GOVERNOR OF THE STATE OF LOUISIANA APPROVED:

ItPage constitutes2 nopart of the2 legislativeCODING: instrument.

The keyword, one-liner, abstract, and digest do not constitute part of the law or proof or indicia of legislative intent.

[R.S.

1:13(B) and 24:177(E)] HB 57 Engrossed 2026 Regular Session Villio Abstract:

Permits the court to obtain and consider any and all past criminal history of parties in a temporary restraining order proceeding.

Present law permits the court to issue a temporaryrestrainingorder to protect from abuse in an ex-parte proceeding for good cause shown, and also authorizes the use of past history of abuse or threats to determine the existence of an immediate and present danger of abuse.

Proposed law retains present law and authorizes the court, on its own motion, to obtain and consider any and all past criminal history of the parties in a temporary restraining order proceeding.

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HLS 26RS-253 ENGROSSED HB NO.

57 Present law provides that a rule to show cause hearing is to be held within 21 days if a temporary restraining is issued without notice, and at the earliest business day, but no later than 10 days from the date of service of the petition, if no temporary restraining order has been granted.

Also provides a notice requirement in either case.

Proposed law retains present law and allows a partyaffected by the use of criminal history in a temporary restraining order proceeding the opportunity to rebut and to respond to the evidence in the rule to show cause hearing.

(Amends R.S.

46:2135(A)(intro.

para.), (B), and (D)) Page 3 of 3 CODING: