Know Your Rights - 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. © 2018-2020 Gaynell Williams LLC Attorney at Law.
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lawyer, please contact Gaynell Williams today at 504-302-2462 for an appointment so that an aggressive lawyer who will be committed to your case can assist you today. Evenings and weekend sessions are available by appointment. We will work around your schedule.
LOUISIANA PROTECTIVE ORDER LAWS
A protective order is a court-certified document prohibiting the person named in the order from getting within a certain distance of the person who requested that the order be issued.
Protective orders, also known as restraining or stay away orders, are mostly used in cases involving domestic abuse, stalking, and sexual assault. If the protective order is violated, the likely consequence is an arrest and a criminal charge.
Although obtaining and enforcing a protective order may sound like a rather simple
process, the truth is that it involves a number of legal and emotional intricacies. There are three types of protective orders: long-term protective orders, temporary restraining orders, and emergency temporary restraining orders. Regardless of the type of protective order, the federal government has put in place certain protection order laws, and the federal government, demands that individual states honor and enforce valid orders issued by other states. This is only one of the reasons why it is imperative that one seeks legal assistance when dealing with a protective order matter. Don’t wait, we are here to help! Call us today to schedule an appointment for a free consultation to discuss your case. Call (504) 302-2462.