Alexandria, LA asked in Domestic Violence for Louisiana

Q: What if someone is arrested for domestic abuse battery with child present but the victim doesn't want to press charges?

I was recently battered by my ex outside of my home. What started off as a small disagreement quickly turned into a heated argument which escalated to him putting his hands on me. Just as soon as he stopped we heard our son who was asleep inside waking up. Now by this time my ex was tending to him. Once I heard him put our son into his walker I went back out looking to borrow a phone to call my mom. When he saw where I was he ran three houses down and begged me not to call her and asked if we could talk things out. Before I could answer I saw our son now outside, in the walker n walking down our walk way so I ran and put him on my hip. That's when I noticed the lady across the street motioning me to come here to let me know that she had been watching the entire time n called the cops for me. I dont wish to press charges. we broke up & agreed that he move out but he's already been charged SIMP W/ CHILD PRES- DOMESTIC ABUSE BATTERY WITH CHILD PRESENT and we go to court 7/23/20

Related Topics:
2 Lawyer Answers
Ellen Cronin Badeaux
Ellen Cronin Badeaux
Answered
  • Domestic Violence Lawyer
  • Covington, LA
  • Licensed in Louisiana

A: The state will not drop the charge. You risk losing your child if you take him back. Child Protective Services will open a Child in Need of Care case.

1 user found this answer helpful

Ellen Cronin Badeaux
Ellen Cronin Badeaux
Answered
  • Domestic Violence Lawyer
  • Covington, LA
  • Licensed in Louisiana

A: You are going to need a juvenile court lawyer when DCFS opens a case.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.