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Pellerano v. Pellerano

Court of Appeals of Louisiana, First Circuit

April 12, 2019

JODIE ACOSTA PELLERANO
v.
FRANCISCO JUAN PELLERANO

          Appealed from The Family Court In and for the Parish of East Baton Rouge State of Louisiana Case No. F185717 C/W F2O6489 The Honorable Pamela Baker, Judge Presiding

          Lorraine Andreson McCormick Counsel for Plaintiff/Appellant Jodie Acosta Pellerano

          Timothy J. Martinez Counsel for Defendant/Appellee Francisco Juan Pellerano, Jr.

          BEFORE: WELCH, CHUTZ, AND LANIER, JJ.

          LANIER, J.

         This is an appeal from a judgment granting plaintiffs request for a protective order pursuant to the Domestic Abuse Assistance Statute, La. R.S. 46:2131, et seq. For the following reasons, we affirm.

         FACTS AND PROCEDURAL HISTORY

         The parties, Jodie Acosta Pellarano and Francisco Juan Pellerano, Jr., were married in June 2006. During their marriage, three children were born, N.P. (DOB 1/21/09), J.P. (DOB 12/16/10), and L.P. (DOB 12/3/12)[1]. Jodie filed for divorce in June 2012. On June 26, 2012, Jodie filed a petition for protection from abuse against Francisco and received a temporary restraining order ("TRO") for herself and the children effective through July 31, 2012. A final judgment of divorce was signed on August 22, 2013.

         On September 30, 2016, Jodie filed another petition for protection from abuse against Francisco, concerning events that transpired during a September 29, 2016 exchange of the children. The trial court granted a TRO in favor of Jodie and the children that remained in effect until a hearing that was held on November 9, 2016.

         At the hearing on November 9, 2016, the trial court heard testimony from several witnesses before granting a protective order, for Jodie only, with an expiration date of May 18, 2018. The November 9, 2016 protective order was issued in the form of a "Louisiana Uniform Abuse Prevention Order." Francisco was ordered to enroll in a court approved Batterer's Intervention Program within 30 days. The trial court also granted temporary custody of the two minor children to Jodie, with unsupervised visitation to Francisco on alternating weekends. On December 27, 2016, the trial court issued written reasons for its judgment.

         This appeal by Francisco followed. Thereafter, this court issued a show cause order concerning whether the November 9, 2016 protective order contained the necessary decretal language and whether it was final and appealable. The matter was remanded for the limited purpose of allowing the trial court to sign a judgment that addressed these apparent defects. In response, the trial court issued a per curiam on March 24, 2017, providing, in pertinent part, as follows:

The Court declines to designate the Order of Protection issued November 9, 2016 as a final judgment pursuant to La. C.C.P. art. 1915(B). That Order of Protection did not dispose of all of the claims and issues in the case. Two Judgments were rendered subsequent to the November 9, 2016 Order of Protection changing the terms of custody that were contained in the Protective Order. An Amended Order of Protection was issued March 24, 2017 which replaces the November 9, 2016 Order.

         Thereafter, another panel of this court issued an action maintaining the appeal, but reserved a final determination on whether to maintain the appeal to the merits panel. Pellerano v. Pellerano, 2017-0302 (La.App. 1 Cir. 7/7/17) (unpublished action).

         We note that Louisiana law mandates the use of a uniform form for the issuance of any TRO or protective order, called the "Louisiana Uniform Abuse Prevention Order." See La. R.S. 46;2I36.2(C). The trial court checks off a box provided on the uniform form to indicate under which law it issues the TRO and/or protective order: (1) La. R.S. 46:2131, et seq. (Domestic Abuse); (2) La. R.S. 46:2151 (Dating Violence); (3) La. R.S. 46:2171, et seq. (Non-intimate stalking); (4) La. R.S. 2181, et seq. (Non-intimate sexual assault); (5) La. Ch.C. art. 1564, et seq. ...


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