Domestic Violence Laws
With domestic violence cases 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 the law enforcement and 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 accused abuser’s arrest, the chances are that the alleged victim may not want to pursue the case. 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 certain stay away or a protective order. Although the imposition of such order will be up to the victim, the violation thereof will still count as a criminal charge in itself.
Lastly, domestic violence charges generally are not, but should be considered, a very serious issue because they can lead to grave consequences, such as jail time, hefty fines, home evictions, deprivation of the right to own a firearm, inability to find or keep a job, etc. 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.