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What is Considered Domestic Violence in Louisiana?
Louisiana law has broad definitions for domestic abuse, violence, and battery. Domestic abuse encompasses a wide range of emotional, physical, sexual, and psychological acts committed by one household member against another. Examples include verbal abuse, threats of violence, use of force, stalking, intimidation, forced isolation, and controlling behavior.
Only certain individuals are protected under Louisiana’s domestic violence laws. These include the following:
- Children
- Current or former romantic partner
- Current or former spouse
- Foster parents and foster children
- Household members who are presently or have formerly lived together, such as roommates
- Parents
- People who have a child in common, regardless of their marital status
- Siblings
In Louisiana, domestic violence can either be charged as a felony or misdemeanor, depending on several circumstances related to the case, such as whether the accused has prior convictions for domestic abuse. Facing criminal charges for domestic violence in Louisiana is an incredibly serious situation that deserves your full attention. The consequences of a domestic violence conviction can be life-altering. If you are involved in a domestic violence case, please contact our Monroe, Louisiana, law firm to schedule your free initial consultation with our legal team today. The sooner you retain professional legal representation, the better off your case will be.
What is Domestic Battery?
Under Louisiana law, the legal definition of domestic battery, also sometimes referred to as spousal battery or domestic violence, is the intentional and unlawful use of force or violence, including willful and unlawful touching, of an intimate partner, former partner, family member, or household member.
Domestic abuse battery includes such acts as hitting, slapping, punching, kicking, shoving, or using any other form of physical aggression against another household member. If the individual attacked in the household was not a family member or a (past or present) member of that household, the crime would be charged differently.
Domestic abuse battery is the most common domestic violence charge. Increased penalties may be imposed against the defendant for causing serious bodily injuries.
Can Domestic Violence Charges Be Dropped in Louisiana?
A domestic violence victim cannot simply drop the charges against the accused once a criminal prosecution is already underway.
In most cases, a domestic violence case begins when the victim or a witness to the crime calls 911 to report domestic violence. Once law enforcement arrives at the scene, they will analyze the situation, record witness statements, take pictures of the crime scene, and gather other evidence. If there is probable cause, a police officer has the right to arrest the alleged abuser and hold them in jail for a few days. Afterward, the state government decides whether to proceed with pressing criminal charges against the accused.
Once the arrest takes place, the domestic violence victim has no control over whether the charges are dropped or not. State laws, the prosecution, and the outcome of the case are the only things that could dismiss the charges.
How to Get Domestic Violence Charges Dismissed?
Getting domestic violence charges dismissed is a complex and challenging legal matter. However, there are legal defense strategies that you and your lawyer could employ to fight back against domestic battery charges.
Statistically speaking, those who retain professional legal counsel are more likely to get their cases dismissed and move on with their lives undeterred. It is not advisable for domestic violence defendants to represent themselves in a court of law.
As your legal representation, our criminal defense lawyer will examine your case’s facts and determine the strongest legal strategies for defending your rights and clearing your name.
What Are the Penalties for Louisiana Domestic Abuse Battery?
Domestic abuse battery is associated with severe penalties and sentences in Louisiana. The severity of the legal penalties will depend upon the number of offenses committed.
Your first offense is often considered a misdemeanor, which could come with fines of up to $1,000, six months in jail, and the mandatory 48-hour incarceration without probation.
Second-time offenders may face fines of up to $1,000, jail terms of up to one year, and a mandatory 14-day incarceration.
Third-time offenses are considered felonies. They carry fines of a minimum of $5,000, imprisonment ranging from 10 to 30 years, and a minimum of three years served without probation or parole.
Fourth and subsequent offenses for domestic violence are considered felonies. These crimes come with minimum fines of $5,000, 10 to 30 years imprisonment, and a mandatory three-year incarceration.
Regardless of whether it was your first or second offense, acts of burning, strangulation, injuring a pregnant person, or abusing a child can enhance penalties.
In addition to the legal consequences, several social and personal consequences could be associated with a domestic violence conviction.
Does a Domestic Violence Conviction Impact Your Gun Rights?
Under the law, anyone convicted of a domestic battery charge, or those subject to restraining orders related to domestic abuse, are barred from owning or possessing firearms.
Federal laws dictate that convictions for domestic battery usually result in lifetime bans on firearm possession rights. It is possible, though not guaranteed, for Louisiana residents convicted of a domestic battery misdemeanor to petition the court to restore their gun rights at a later date.
Restoring firearm rights can be complicated and typically requires an official pardon or some other form of legal relief.
How Do Restraining Orders Affect Child Custody Arrangements?
A restraining order can have a serious impact on child custody orders in Louisiana, especially if the courts believe that the children are in immediate danger when in the company of the abuser. If a protective order is issued against the criminal defendant, that order may include provisions that restrict access to children or limit visitation rights.
To learn more about restraining orders and how they may negatively impact your life, please contact our Louisiana law firm to discuss your case in more detail. Our criminal lawyer offers free consultations to prospective new clients interested in retaining his legal services.
What Are Potential Legal Defense Strategies in Domestic Violence Cases?
When charged with domestic violence, it is important to retain professional legal counsel from an experienced criminal attorney. You and your attorney will work to develop a strategy that meets your goals and defends your case.
Potential defense strategies may include the following:
- Challenging the admissibility of evidence
- Claims of self-defense
- Credible witnesses raising questions of doubt
- Cross-examining witnesses
- Establishing an alibi
- Presenting expert testimony
- Proving that there is insufficient evidence for the crime
- Proving the accuser lied about the incident
- Reducing charges by proving that the supposed victim was not a family member or household member
- Showing that there was no intent to inflict force
Schedule a Free Consultation with an Experienced Criminal Defense Attorney in Louisiana Today
If you are facing criminal charges for domestic violence, it is incredibly important that you retain professional legal advice from an experienced criminal defense lawyer. Our legal team has extensive experience representing clients across Louisiana charged with various criminal offenses. We offer professional services that treat each client with respect and dignity. We believe in providing legal services with compassion and dedication.
Contact our Munroe law firm to schedule your free, no-obligation case evaluation by calling us at 318-594-4565.
