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Head v. Robichaux

Court of Appeals of Louisiana, First Circuit

November 2, 2018

JESSICA HEAD
v.
DAVID ROBICHAUX

          On Appeal from the Seventeenth Judicial District Court In and for the Parish of Lafourche State of Louisiana Docket No. 134381 Honorable John E. LeBlanc, Judge Presiding.

          Jessica Head Gheens, Louisiana Plaintiff/Appellee In Proper Person.

          Tyler J. Breaux Larose, Louisiana, Counsel for Defendant/Appellant David Robichaux.

          BEFORE: WHIPPLE, C.J., McCLENDON, AND HIGGINBOTHAM, JJ.

          McCLENDON, J.

         In this appeal, the defendant challenges a protective order forbidding him to have contact with the plaintiff. For the reasons that follow, we amend the protective order, affirm as amended, and remand for correction of the Uniform Abuse Protection Order.

         FACTUAL AND PROCEDURAL HISTORY

         On December 21, 2017, the plaintiff, Jessica Head, filed a Petition for Protection from Stalking pursuant to Louisiana Revised Statutes 46:2171, et seq. Therein, Ms. Head sought a protective order for herself against the defendant, David Robichaux, who was an acquaintance of Ms. Head and her boyfriend, Cody Matherne. Ms. Head alleged that Mr. Robichaux harassed her, threatened her, and made or sent telephone calls, texts, emails, or other electronic communications to her. Particularly, Ms. Head asserted that Mr. Robichaux would not leave her alone although she tried to block him from social media and that "he seems crazy over me, [obsessive], and won't stop." She further alleged that she felt unsafe and that after seven months it was getting worse. As a result, the trial court issued a temporary restraining order (TRO) pursuant to "[LSA-] R.S. 46:2131 et seq. (Domestic Abuse)" and set the matter for hearing. The TRO and original hearing date were continued, and the matter was heard on January 30, 2018. Following the hearing, the trial court signed a permanent order of protection, pursuant to the Domestic Abuse Assistance statutes, prohibiting Mr. Robichaux from:

• abusing, harassing, assaulting, stalking, following, tracking, monitoring, or threatening Ms. Head in any manner;
• contacting Ms. Head personally, through a third party, or via public posting, by any means, including written, telephone, or electronic (text, email, messaging, or social media) communication;
• going within 100 yards of Ms. Head or her residence; and
• damaging any property or belongings of Ms. Head or in any way interfering with her living conditions.

         Mr. Robichaux now appeals, asserting in several assignments of error that the trial court erred in granting the protective order.[1]

         APPLICABL ...


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