LOUISIANA DOMESTIC VIOLENCE LAWS
With domestic violence cases being discussed almost daily on various media outlets, there is hardly anyone who is not at least slightly familiar with the nature and consequences of these kinds of offenses. However, what often goes unsaid is that law enforcement and the judiciary have zero tolerance for domestic violence cases and are reluctant to show any leniency, often imposing the harshest sentences available. Because domestic violence cases usually occur in family settings or between individuals who are emotionally close — causing a societal and political condemnation — they may be extremely hard to defend. Furthermore, what makes defending these cases even harder are some common misconceptions.
First, following the arrest of the accused abuser, chances are that the alleged victim would likely to either drop the charges or not press any charges. However, the decision whether or not to proceed with the case will actually be made by the prosecutor, not by the victim. And, given the aforementioned policy to fight these kinds of cases, prosecutors will not pass on an opportunity to put the alleged abuser behind bars.
Second, an arrest for domestic violence will frequently be accompanied by a stay away order or a protective order. And the violation of a protective order may be a separate criminal charge in itself.
Lastly, domestic violence charges are very serious and can lead to grave consequences such as jail time, hefty fines, home evictions, deprivation of the right to own a firearm, and difficulty in finding or keeping a job. Regardless of whether one is facing a misdemeanor or a felony charge, the penalties can be quite severe. And because domestic violence is an enhanceable offense, stricter sentences come with each additional conviction. These offenses are also not eligible for expungement under Louisiana law.
Our goal is to keep you out of jail and at home with your family where you belong. Regardless of the seriousness of the crime you have been accused of, we can help. Don’t wait! Call us today to schedule an appointment for a free consultation to discuss your case. Call (504) 302-2462.
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This information has been provided for informational purposes only and is not intended and should not be construed to constitute legal advice. Please consult your attorneys in connection with any specific situation under federal and/or Louisiana law and the applicable state or local laws that may impose additional obligations on you and/or your family member. © 2018 Gaynell Williams LLC Attorney at Law. Published May 1, 2018.
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