Art. 3601.Injunction; Grounds For Issuance; Preliminary Injunction; Temporary Restraining Order
Book VII. Special Proceedings · Title I. Provisional Remedies · Chapter 2. Injunction · Last amended 2024 · Last verified July 30, 2026
In one sentenceArticle 3601 sets the general standard for a Louisiana injunction, irreparable injury, loss, or damage, or another statutory basis, authorizes a temporary restraining order or preliminary injunction during a pending case, limits injunctions against certain state expenditures and child support enforcement, and lists specific situations, including squatter-type property denial, that count as irreparable injury.
A. An injunction shall be issued in cases where irreparable injury, loss, or damage may otherwise result to the applicant, or in other cases specifically provided by law; provided, however, that no court shall have jurisdiction to issue, or cause to be issued, any temporary restraining order, preliminary injunction, or permanent injunction against any state department, board, or agency, or any officer, administrator, or head thereof, or any officer of the state of Louisiana in any suit involving the expenditure of public funds under any statute or law of this state to compel the expenditure of state funds when the director of such department, board, or agency or the governor shall certify that the expenditure of such funds would have the effect of creating a deficit in the funds of said agency or be in violation of the requirements placed upon the expenditure of such funds by the legislature.
B. No court shall issue a temporary restraining order in cases where the issuance shall stay or enjoin the enforcement of a child support order when the Department of Children and Family Services is providing services, except for good cause shown by written reasons made a part of the record.
C. During the pendency of an action for an injunction the court may issue a temporary restraining order, a preliminary injunction, or both, except in cases where prohibited, in accordance with the provisions of this Chapter.
D. Except as otherwise provided by law, an application for injunctive relief shall be by petition.
E. The irreparable injury, loss, or damage enumerated in Paragraph A of this Article may result from:
(1)The isolation of an individual over the age of eighteen years by any other individual, curator, or mandatary, including but not limited to violations of Article 4566 (J) or Civil Code Article 2995.
(2)A person being denied the use or enjoyment of immovable property in which the person has an ownership, possessory, or lease interest by a person who does not have a legal interest in the property.
F.
(1)Notwithstanding the provisions of Article 3610, security shall not be required for a temporary restraining order or preliminary injunction seeking removal of a person from immovable property in which the person does not have a legal interest.
(2)Nothing in this Section shall prohibit a petitioner from pursuing any other remedy provided by law.
Article 3601 opens Chapter 2 with injunction's core standard: an injunction issues where irreparable injury, loss, or damage might otherwise result to the person seeking it, or in any other situation a specific law provides for. Unlike attachment and sequestration, injunction is not a distinctly civil-law device tied to seizing property; it functions much like injunctive relief in other American jurisdictions, restraining or compelling conduct rather than seizing assets.
Louisiana injunction practice runs on three tiers. A temporary restraining order is the shortest-term tool, often issued without full notice to the other side in a genuine emergency, and this Article authorizes the court to issue one during the pendency of an action for an injunction. A preliminary injunction follows notice and a hearing and lasts through trial, governed in more detail by Article 3602. What the case ultimately produces after a full trial is a permanent injunction, referenced elsewhere in this chapter, including in Article 3605's scope provision and Article 3607.1's registry requirements.
The article also narrows the remedy in specific ways. Courts lack jurisdiction to enjoin certain state departments, boards, or agencies from expenditures the governor or agency head certifies would create a deficit or violate legislative funding conditions, and courts generally cannot issue a temporary restraining order staying enforcement of a child support order while the Department of Children and Family Services is providing services, absent good cause shown in writing. An application for injunctive relief is ordinarily made by petition.
Article 3601 also enumerates two situations that count as irreparable injury for these purposes: the isolation of an adult by another individual, curator, or mandatary, and a person being denied the use or enjoyment of immovable property they own, possess, or lease by someone with no legal interest in it. For that second category, security is not required for a temporary restraining order or preliminary injunction seeking the removal of a person from immovable property who has no legal interest in it, notwithstanding Article 3610's general security rule.
Frequently Asked Questions
What is the general standard for getting an injunction in Louisiana?
Irreparable injury, loss, or damage that would otherwise result to the applicant, or another situation specifically provided for by law, under Article 3601.
What are the three types of injunctive relief in Louisiana?
A temporary restraining order, for the shortest term and often issued without full notice in an emergency; a preliminary injunction, issued after notice and a hearing and lasting through trial; and a permanent injunction, the final relief granted after a full trial on the merits.
Can a Louisiana court enjoin a state agency from spending money?
Not always. Article 3601 strips courts of jurisdiction to enjoin certain state departments, boards, or agencies from expenditures that the governor or agency head certifies would create a deficit or violate legislative funding requirements.
Is security required for a restraining order removing a squatter from property?
No. Article 3601 dispenses with security for a temporary restraining order or preliminary injunction seeking removal of a person from immovable property in which that person has no legal interest.
Can a temporary restraining order stop enforcement of a child support order?
Generally no, while the Department of Children and Family Services is providing enforcement services, except for good cause shown in written reasons made part of the record.
Source & verification. Article text is reproduced verbatim from
the Louisiana Code of Civil Procedure (legis.la.gov). Enacted by the Louisiana Legislature.
Last verified July 30, 2026.
· Official source
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