State Of Louisiana v. James H. Bourgeois

STATE OF LOUISIANA

COURT OF APPEAL, FIRST CIRCUIT

S`I'A`I' E OF LOUISIANA NO. 2020 KW 0414

VERSUS

JAMES H. BOURGEOIS JULY 20, 2020

In Re: James H. Bourgeois, applying for supervisory writs,

17th Judicial District Court, Parish of Lafourche, No.

579764.

BEFORE: McCLENDON, WELCH, AND HOLDRIDGE, JJ.

WRIT GRANTED. Relator' s conviction for violation of a

protective order under La. R. S. 14: 79 and sentence are reversed,
and relator is ordered discharged. The evidence presented at

the misdemeanor trial is insufficient to sustain a conviction

for violation of a protective order under La. R. S. 14: 79. The

remedy for violation of a protective order issued under La. Code
Civ. P. art. 3601 is civil contempt. See La. Code Civ. P. art.

3611. Furthermore, to the extent that the trial court' s October
28, 2019 " Sentencing Order/ Injunction" provided new injunctive
relief, the order is vacated. If the applicant elects to seek

new injunctive relief, he must follow the appropriate procedure

set forth in La. Code Civ. P. art. 3601 et seq.

PMC
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COURT OF APPEAL, FIRST CIRCUIT
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EPU YCILERK OF COURT
FOR THE COURT