Unfortunately, Domestic Violence is a problem in our society.  Millions of women and men are seriously injured or killed because of domestic abuse every year — this includes girlfriends, boyfriends, spouses, dating partners, and domestic partners.  The abuse can be physical, emotional, spiritual or mental.  Make no mistake, a Domestic Violence is not to be taken lightly.  It is a serious offense with serious penalties.  It is also an enhanceable offense in Louisiana — with each additional conviction comes harsher penalties and fines.  Anyone who has been convicted of Domestic Violence abuse within the past 10 years, can face mandatory jail time for new offenses.  When a person has more than three convictions for domestic assault, a judge can order a sentence of 30 years in jail.  A conviction may also give rise to a civil action seeking monetary damages.  

If you have been accused of Domestic Violence, you need an attorney who will rigorously defend your case.  The district attorney will seek a Restraining Order and/or a Protective Order against you.  This will prohibit you from interacting with the alleged victim in the case.  The objective is to prevent further abuse from occurring while the case is pending.  Such orders can be difficult — you will be restricted from accessing your home or seeing your children.  You need a lawyer who will use her skills to protect you from such drastic measures.

Penalties

  • First Offense Domestic Violence (misdemeanor) – up to: six months jail
  • Second Offense within ten years (misdemeanor) – up to: six months jail
  • Third Offense within ten years (felony) – up to: five years prison
  • Fourth Offense within ten years (felony) – up to: thirty years prison

Domestic Violence cases can be some of the trickiest cases to defend due to the strong, emotional political policy aspects.  Generally, after the accused abuser is arrested and charged, the alleged victim wants to drop the charges.  It is important for people to understand that once an arrest happens the decision to proceed with the case rests in the prosecutors’ hands.  Prosecutors are rarely willing to just drop domestic violence charges.  The District Attorney is fearful that someone arrested for domestic abuse will hurt or even kill the victim at a later time.  A good attorney will examine all the evidence to determine whether it is sufficient or not to support the charges, to have the case dismissed or have the charges reduced.

Legal Assistance

If you need help with a domestic violence, stalking, or harassment case. Contact our New Orleans Law Firm for a consultation today.

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, and State statutes for the most recent laws and to consult a Louisiana licensed attorney.