Summary
The Louisiana Second Circuit reviewed a protective order issued in favor of Cratelyn J. Henderson against Stevie Holloway. The court affirmed the issuance of the protective order, reversed the firearm prohibition and two-year duration because Stevie was not a family, household, or dating partner, and remanded for modification of the order's duration.
Topics
Practice areas
Questions Presented
- Whether the trial court applied the correct definition of stalking under La. R.S. 14:40.2.
- Whether Stevie Holloway represented a credible threat to the physical safety of a family member, household member, or dating partner.
- Whether the trial court could prohibit Stevie Holloway from possessing a firearm under La. R.S. 46:2136.3.
- Whether the trial court erred by setting the protective order's duration at two years.
Holdings
- The stalking-related assignment of error was without merit, and the trial court correctly issued a protective order in favor of Henderson against Stevie Holloway.
- The trial court erred in prohibiting Stevie Holloway from possessing a firearm because he was not a family member, household member, or dating partner of Henderson.
- The trial court erred by granting the protective order for two years; the duration had to be reduced to the maximum period allowed by La. R.S. 46:2136(F).
Key quotations
“AFFIRMED IN PART; REVERSED IN PART; REMANDED WITH INSTRUCTIONS.” (at 2-3)
Factual background
Henderson alleged that on January 1, 2025, Stevie Holloway approached him while holding a bat and threatened to harm him. Henderson also alleged a prior classroom incident in which Stevie threw objects at him and slapped him in the head; Henderson stated that he pushed Stevie in response. Henderson filed petitions for protective orders and protection from stalking based on these allegations.
Procedural history
Henderson filed petitions for protective orders and petitions for protection from stalking against Stevie Holloway. The Forty-Second Judicial District Court for the Parish of DeSoto granted a protective order against Stevie, including a firearm-possession prohibition and a two-year duration. Stevie appealed. The court of appeal affirmed issuance of the protective order, reversed the firearm prohibition and duration provisions, and remanded with instructions.
Remand instructions
The trial court must remove the firearm-possession prohibition imposed against Stevie Holloway and reduce the fixed duration of the protective order to the maximum allowable period under La. R.S. 46:2136(F).