35. Is there a difference between a Protection Order and a Restraining Order?
There is a difference between a Protection Order and a Restraining Order. Pursuant to the Domestic Violence Act, a Protection Order is an Order made by the court to prohibit someone who is abusive either verbally, emotionally or physically, from entering or remaining in a particular household residence, place of work, place of education or any particular place that could affect a prescribed person. While a Restraining Order is an Order made by the court to prohibit an individual from carrying out a particular action.
34. I wish to discontinue a matter that I brought before the Court. What do I do?
A person who wishes to discontinue a matter before the Court may attend Court on the scheduled date and inform the court of his or her decision not to proceed. The Court may make certain enquiries and if it is satisfied the request may be granted.
33. What is a Formal Order? How long is it valid?
A Formal Order is a legal document outlining an order made by the court which is signed and sealed with the Court's seal.
32. What is a Commitment Summons?
A Commitment Summons is the same as the Judgments Summons. It is a document that is issued as a means of enquiring into the means of the Defendant. A Judgment Summons has a lifetime of one year.
31. What is a Judgment Summons? How long is it valid?
A Judgment Summons is the same as the Commitment Summons. It is a document that is issued as a means of enquiring into the means of the Defendant. A Judgment Summons has a lifetime of one year.
30. If the Landlord lives in one Parish and the rented property is located in another parish, which Parish Court do I go to have the matter placed before the Court?
The Landlord may apply to the Court for Recovery of Possession and Arrears of Rent in the said parish that the property is located because that is where jurisdiction lies.
29. After I take a tenant to court and the Judge has given a date for him/her to leave and the tenant has still not vacated the premises. What is my next step?
After the Court has made an order for Possession, if the Defendant continues in possession, the Plaintiff may make an application to the Court for a Warrant of Possession. Pursuant to Section 250 of the Parish Court Act, every such warrant shall bear the date on which it is issued, and shall continue in force for six months from such date, and no longer. No warrant shall be issued after the expiration of six months after the last day named by the Magistrate in his order for the delivery of possession, except by order of the Magistrate.
28. What is the cost to take a delinquent tenant to court?
The Plaintiff must purchase a One Dollar ($1.00) stamp at the Post office for the court fee and the Bailiff's fee will be determined based on where the Defendant resides.
27. What documents do I need to take a delinquent tenant to Court?
The Plaintiff need to take the original copy of the notice and whatever land title or other documents regarding the said land in order to file a claim for Recovery of Possession. In the absence of such documentation, the Plaintiff must be able to state in the particulars of claim the exact location of the land with volume and folio numbers.
26. What is the timeline within which a Judge will order the tenant to vacate my premises?
A Court in making an order for possession may make a forthwith order or give additional time based on the circumstances of a particular case.