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Terms Used In Louisiana Children's Code 1567

  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.

A.  Venue lies in either:

(1)  The parish in which the marital domicile is located or in which the household is located.

(2)  The parish in which the defendant resides.

(3)  The parish in which the abuse is alleged to have been committed.

(4)  For purposes of issuing an order pursuant to Article 1569(A)(1) only, the parish in which the petitioner resides.

(5)  The parish in which an action for an annulment of marriage or for a divorce could be brought pursuant to the Code of Civil Procedure.

B.  An adult may seek relief under this Chapter by filing a petition with the court alleging abuse by the defendant.  Any parent, adult household member, local child protection unit of the Department of Children and Family Services, or district attorney may seek relief on behalf of any child or any person alleged to be incompetent by filing a petition with the court alleging abuse by the defendant.  A petitioner’s right to relief under this Chapter shall not be affected by his leaving the residence or household to avoid further abuse.

Acts 1991, No. 235, §15, eff. Jan. 1, 1992; Acts 1995, No. 1095, §8; Acts 1997, No. 1156, §1.