Judgment of Divorce with Community Property, with Children, Restraining Orders Louisiana Form
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People also ask
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Can a protective order be dropped in Louisiana?
How do I dissolve a protective order in Louisiana? If you believe the protection order was granted improperly or that it is no longer needed, you can file a motion asking the court to “dissolve” (terminate or cancel) the protection order.
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What are the rules for divorce in Louisiana with minor children?
If there are no minor children, or if there is physical or sexual abuse, then the waiting period is 180 days. If there are minor children, then the waiting period is 365 days. Parties to an Article 103 divorce can normally get a final judgment of divorce within one month of the papers being filed.
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What are the exceptions to community property in Louisiana?
The exceptions to the presumption that property owned by a married person is community property in Louisiana include: Gifts or inheritances that were specifically given to only one spouse are considered separate property.
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What is the burden of proof usually required for a criminal case?
The burden of proof is an important concept in criminal law. In criminal cases, the prosecution must prove the defendant's guilt beyond a reasonable doubt. This standard is much higher than the preponderance of evidence required in civil cases.
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How does a protective order work in Louisiana?
After the hearing, a judge can issue a protective order that lasts up to 18 months, and can later be renewed after a hearing in front of a judge. The parts of the protective order that tell the abuser to not abuse, harass, or interfere with you can last forever.
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What is the burden of proof for probable cause?
The burden of proof for establishing probable cause does not demand absolute certainty or conclusive evidence of criminal activity. Rather, it requires a reasonable basis or suspicion backed by factual evidence that would lead a prudent person to believe that a crime has been, is being, or will be committed.
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What is the difference between 102 and 103 divorce in Louisiana?
Under Article 102, you and your spouse must live separate and apart at different residences for 180 days before the divorce can be finalized. Under Article 103(1), you and your spouse must have already lived separate and apart at different residences for 180 days before you can file for divorce.
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What is the burden of proof for a protective order in Louisiana?
In Louisiana, whether you're dealing with a family law matter or a criminal case, obtaining a protective order requires proof that you are in immediate danger.
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