FROM THE TWENTY-SEVENTH JUDICIAL DISTRICT COURT PARISH OF ST.
LANDRY, NO. 18-C-4187-C HONORABLE JASON MECHE, DISTRICT JUDGE
VILLEMARETTE CHRIS VILLEMARETTE, LLC COUNSEL FOR
DEFENDANT/APPELLANT: TRENTON LALIBERTE
NED IN PROPER PERSON COUNSEL FOR PLAINTIFF/APPELLEE: JASEA
composed of John D. Saunders, Elizabeth A. Pickett, and Van
H. Kyzar, Judges.
D. SAUNDERS JUDGE.
case we must decide whether the trial court erred in granting
plaintiff's Petition for Protection from Abuse.
AND PROCEDURAL HISTORY:
September 12, 2018, Plaintiff, Jasea Ned ("Ms.
Ned"), a resident citizen of the state of Louisiana,
filed a Petition for Protection from Abuse against Defendant,
Trenton Laliberte ("Mr. Laliberte"), in the
Twenty-Seventh Judicial District Court, St. Landry Parish,
Louisiana. The petition alleges physical abuse and threats to
her safety that occurred in both St. Landry Parish,
Louisiana, and Fort Bragg, North Carolina, states that
Trenton resides in Fort Bragg, North Carolina, and that the
matrimonial domicile and household is located in North
September 21, 2018, the trial court issued an order of
protection in favor of Ms. Ned and against Mr. Laliberte,
granting her use and possession of all of the household
contents and ordering the military police to accompany her to
the home at 94 Bastogne Drive, Fort Bragg, North Carolina, to
retrieve her belongings. A hearing was set for October 19,
2018, to determine if the temporary restraining order should
be converted to a protective order.
October 19, 2018 hearing, the hearing officer recommended
that a protective order issue. Mr. Laliberte did not appear
at the hearing. The recommendation also states that Mr.
Laliberte was served on September 24, 2018. However, there is
no evidence of service in the record.
November 8, 2018, the district court adopted the hearing
officer's recommendation and a protective order issued in
favor of Ms. Ned and against Mr. Laliberte.
Laliberte timely filed a motion for appeal. Pursuant to that
motion, he is presently before this court alleging two
assignments of error.
1. The trial court erred in failing to comply with the
requirements of the Servicemember[']s Civil Relief Act.
2. The trial court erred in issuing a protective order
without personal jurisdiction over the Appellant.
OF ERROR NUMBER ONE:
first assignment of error, Mr. Laliberte argues that the
trial court erred in rendering judgment against him without
requiring the affidavit of appellee, and further erred by not
appointing an attorney to represent him as required by 50
U.S.C.A. §3931. We find no merit to this contention.
courts are granted wide discretion in the issuance of
protective orders, which we review under the abuse of
discretion standard. Mitchell v. Marshall, 02-15
(La.App. 3 Cir. 5/1/02), 819 So.2d 359. This standard is
highly deferential to the trial court's determination.
LCR-M Ltd. P'ship v. Jim Hotard Props., L.L.C.,
13-483 (La.App. 4 Cir. 10/9/13), 126 So.3d 668.
Borel v. Borel, 17-335, 2017 WL 5484057 (La.App. 3
Cir. 11/15/17), this court noted:
Protective orders are issued in domestic violence matters
under the Domestic Abuse Assistance Statute. La.R.S. 46:2131
et seq. ...