New Orleans Domestic Battery Attorney
In New Orleans, when a 911 call is placed with a complaint of any kind of domestic disturbance, someone will be getting arrested. This holds true even if both parties have calmed down and ask that no arrest be made. Law enforcement, prosecutors, and judges are very cautious when handling domestic violence cases and are quick to make arrests and quick to apply and grant orders of protection or restraining orders which will ensure that one party is kept away from the other. The sentiment is that they would rather err on the side of caution.
For information about sentencing and penalties read our detailed discussion on Domestic Violence Battery Laws in Louisiana
Can Charges of Domestic Violence in Louisiana Be Dismissed?
Most complaints of domestic battery start with the consumption of alcohol. Once both parties sober up and calm down, they usually want the charges dropped.
It can be challenging to have domestic violence charges in Louisiana dropped. Usually, the severity of the alleged abuse, the strength of the evidence against the defendant, the victim’s willingness to testify, and if there are other witnesses to the alleged act of domestic violence.
Your chances of getting the charges dropped increase if you hire a New Orleans domestic battery attorney.
What is Gwen’s Law in Louisiana?
In 2017, Louisiana lawmakers passed an act called Gwen’s law which makes it more difficult for individuals arrested on domestic violence charges to bail out of jail immediately.
The judge or magistrate may order the temporary detention of a person in custody who is charged with the commission of an offense, for a period of not more than five days, exclusive of weekends and legal holidays, pending the conducting of a contradictory bail hearing.
If you have been charged with any form of domestic violence in Louisiana, it is vital to get in touch with an experienced New Orleans domestic violence attorney to help protect your rights and your freedom.
What are the consequences of a domestic battery conviction?
Domestic violence in Louisiana can be filed as either a misdemeanor or a felony, depending on the circumstances of the case. Please visit our blog post for a comprehensive discussion of penalties and sentencing in New Orleans domestic battery violence convictions. Even for misdemeanor domestic battery, the consequences of a conviction can have severe, long-lasting effects on the life:
RESTRAINING ORDERS
A restraining order may be issued against the defendant, which will prohibit them from having any contact with the alleged victim. This can have a significant impact on the defendant’s personal and family, including forcing them to move to a new home.
FINES
Domestic violence convictions can result in court-ordered fines and costs, which can be substantial.
IMPRISONMENT
The sentence for a domestic violence conviction can range from a few days to several years in prison, depending on the severity of the allegations.
PROBATION
Sometimes instead of jail time – individuals convicted of domestic violence charges may need to serve a period of probation. This will often require that they pay probation fees and report to a probation officer regularly.
LOSS OF RIGHTS
Individuals convicted of domestic violence charges will lose their second amendment right to own a firearm. Both federal law and Louisiana state law prohibit anyone convicted of misdemeanor domestic abuse violence from possessing a firearm. For more information on this issue, see our post about Gun Rights and Domestic Battery Cases.
IMMIGRATION
Domestic violence charges can also have severe immigration consequences such as making someone deportable from or inadmissible to the United States.
DIVORCE AND CUSTODY
Domestic abuse battery convictions are also often used by one spouse against another in divorce or custody proceedings. Louisiana is one of many states that has a domestic violence presumption, which states that no parent who has a history of perpetrating family violence shall be awarded sole or joint custody of children.
DAMAGE TO REPUTATION
Domestic violence charges and convictions can have a damaging impact on a person’s reputation, which can affect their ability to obtain employment, housing, or other benefits.
Legal Assistance
Our New Orleans Domestic Violence Attorney, Elizabeth B. Carpenter, has years of experience with domestic battery cases in the state of Louisiana. We believe that everyone should have the opportunity to be heard and tell their story. Contact our New Orleans law firm to discuss your case in a confidential environment and get started on your defense. 504-599-5955
Disclaimer:
Laws and policies can change at any time rendering the above information outdated or non-applicable. We strongly encourage you to look at City, Parish, State, and Federal statutes for the most recent laws and to consult a Louisiana licensed attorney.