Louisiana Revised Statutes 46:2138 – Assistance; clerk of court; domestic abuse advocate
Terms Used In Louisiana Revised Statutes 46:2138
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Clerk of court: An officer appointed by the court to work with the chief judge in overseeing the court's administration, especially to assist in managing the flow of cases through the court and to maintain court records.
- Court: shall mean any court of competent jurisdiction in the state of Louisiana. See Louisiana Revised Statutes 46:2132
- Domestic abuse: includes but is not limited to physical or sexual abuse and any offense against the person, physical or non-physical, as defined in the Criminal Code of Louisiana, except negligent injury and defamation, committed by one family member, household member, or dating partner against another. See Louisiana Revised Statutes 46:2132
- In forma pauperis: In the manner of a pauper. Permission given to a person to sue without payment of court fees on claim of indigence or poverty.
- Indigent: means any person who meets the state definition of indigent who would have qualified for indigent care in any general hospital owned and operated by the state of Louisiana prior to arrest and who is housed in any parish or municipal jail or detention facility or state prison, shall be treated in the nearest general hospital owned and operated by the state of Louisiana. See Louisiana Revised Statutes 46:17
A. The clerk of court shall make forms available for making application for protective orders under this Part, provide clerical assistance to the petitioner when necessary, advise indigent applicants of the availability of filing in forma pauperis, provide the necessary forms, as supplied by the judicial administrator’s office, Louisiana Supreme Court, and provide the services of a notary, where available, for completion of the affidavit required in La. Rev. Stat. 46:2134(D).
B. Domestic abuse advocates may provide clerical assistance to petitioners in making an application for a protective order in accordance with this Part.
C. For purposes of this Section, “domestic abuse advocate” means an employee or representative of a community based shelter providing services to victims of family violence or domestic abuse.
Acts 1983, No. 195, §1; Acts 1997, No. 1156, §7; Acts 2011, No. 234, §1.