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Louisiana Domestic Violence Questions & Answers
1 Answer | Asked in Divorce and Domestic Violence for Louisiana on
Q: I’m in Louisiana, my husband bought a home before we were married, however, we’ve been married for 11 years.

Who leaves after a domestic argument and do I have any right to the home?

Randy Bryan Ligh
Randy Bryan Ligh
answered on Jun 27, 2022

Based on your post, you do not have any right to ownership of the home, however if community funds were you for the upkeep and payment (perhaps mortgage) of the house, then you ight be entitled to some reimbursement. Also, you might have an argument for staying in the house until you are divorced,... Read more »

0 Answers | Asked in Domestic Violence for Louisiana on
Q: If I plead guilty to misdemeanor charge, domestic abuse battery under article 894 in the state of Louisiana in 2014 .

Can I purchase a fireman if the conviction is set aside and the prosecution has been dismissed. The dismissal has the legal effect as an acquittal.

0 Answers | Asked in Domestic Violence for Louisiana on
Q: I was wondering what the penalty is at minimum and maximum for domestic abuse battery, the was a child present under 13?

I wanted my husband removed from the house as he was acting irrational. So I left in my car so that the situation did not escalate and phoned police to see if the could remove him or bring him somewhere for behavioral health. This is because I believe and he stayed at the start of the relationship... Read more »

1 Answer | Asked in Family Law, Personal Injury, Domestic Violence and Small Claims for Louisiana on
Q: so the child has to turn 18 to sue?
Randy Bryan Ligh
Randy Bryan Ligh
answered on May 31, 2022

If the child is not 18, then the child's tutor can sue on behalf of the child. Usually the tutor is the parent of the child, but if there is no parent, then the guardian, however one might have to legally qualify ask obtain the right from the Court to sue on behalf of the child---it's... Read more »

1 Answer | Asked in Domestic Violence for Louisiana on
Q: How much is the bond typically for domestic abuse battery
Randy Bryan Ligh
Randy Bryan Ligh
answered on May 16, 2022

This cannot be answered based on the information given. Bonds are set by Judges and there is no set amount published for the state. While some districts may have a general scale, it varies depending on which district sets the bond. And more importantly, it depends on the specific allegations,... Read more »

1 Answer | Asked in Domestic Violence and Criminal Law for Louisiana on
Q: What paperwork do I need to file if I'm representing myself in a domestic case?

I'm representing myself in a domestic case and I'm unsure of what paperwork I'm supposed to file before my pre motion court date

Randy Bryan Ligh
Randy Bryan Ligh
answered on May 9, 2022

This is why you should not represent yourself and instead get an attorney. If this is a criminal matter, then you can ask the Judge to appoint an attorney to represent you----the Judge will ask you a series of questions to see if you qualify and if so, he will appoint an attorney. if this is a... Read more »

2 Answers | Asked in Domestic Violence for Louisiana on
Q: First time offender convicted of domestic abuse/child endangerment felony

Took diversion program made two payments haven't for the next three months due to losing my job an being convicted made it hard to get one now I failed the program for not making a payment but was bless to have a family offer to pay it out for me how do I get back in an if not can I still pay... Read more »

Randy Bryan Ligh
Randy Bryan Ligh
answered on May 5, 2022

Assuming what you write is accurate, then if you are in diversion then the current charge is still pending. My suggestion is that you contact the people running diversion and see if you can re-enroll. Alternatively, get an attorney to represent you on this and have him contacted the people... Read more »

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1 Answer | Asked in Domestic Violence for Louisiana on
Q: I missed my temporary restraining order hearing yesterday morning. I am the plaintiff. I’m out of city . What next ?

I am not going back. The relationship is over. Do I need to do anything today?

Randy Bryan Ligh
Randy Bryan Ligh
answered on May 3, 2022

Perhaps it is the lawyer in me, however, if you do not have one representing you, then I highly recommend that you seek a consultation with a lawyer in your area to discuss your situation. At said consultation, the lawyer should should be able to ask all of the questions and obtain the... Read more »

1 Answer | Asked in Child Custody, Domestic Violence and Family Law for Louisiana on
Q: Would I have any luck getting full custody on grounds that mother is failing to protect a child from mental abuse?

Childs mother and boyfriend have a very physical and rocky relationship and are constantly fighting and breaking up only to get right back together. Recently I had to get a restraining order against the boyfriend for my child (she is 7) and myself basically because mother called me middle of night... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Apr 28, 2022

Keep a calendar of calls and incidents

Take your child to a counselor to disclose her version and fear. Hire private eye to do a background check on the boyfriend. Hire a lawyer to file for emergency custody.

1 Answer | Asked in Criminal Law and Domestic Violence for Louisiana on
Q: Is it lawful for plaintiff in DV - TRO to change locks on doors and storage where key was not provided?

The defendant listed in restraining order is also the owner of the company which owns the home.

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Apr 28, 2022

Yes the DV victim can get exclusive use of separate property or community property. Hire a family law attorney.

1 Answer | Asked in Domestic Violence for Louisiana on
Q: I believe that I was falsely accused of doing a domestic abuse what can I do about it
Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Apr 14, 2022

Hire a lawyer and don't give a statement without your lawyer present. Stay away from the person who may have accused you.

1 Answer | Asked in Domestic Violence for Louisiana on
Q: If a domestic violence victim does not show up to court do the charges get dropped
Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Apr 3, 2022

It may be unless the DA has photos, signed statement and cops appear in court

2 Answers | Asked in Domestic Violence for Louisiana on
Q: what is meant by first offense?

confused on an issue of meaning of first offense. is this the first time you were charged with this crime or first time ever charged with a crime?

Randy Bryan Ligh
Randy Bryan Ligh
answered on Apr 1, 2022

Depends on context. There are many criminal statutes that one can be arrested on a first offense, second offense, etc., so it is not first time ever charged with a crime, but a particular offense. From a prosecutorial standpoint, one can be charged with a first offense crime multiple times and... Read more »

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2 Answers | Asked in Domestic Violence for Louisiana on
Q: I called the police on my boyfriend 2 days ago for domestic abuse. How long do i have before the charges cannot be drop

He was charged with a felony for domestic abuse. If i drop the charges will he still do jail time

Randy Bryan Ligh
Randy Bryan Ligh
answered on Mar 19, 2022

If it is felony domestic abuse and he was taken into custody, then there is most likely a required cooling off period --jail time---involved before he can bond out of jail. After that, whether or not he is charged in criminal court with formal charges and what happens to the charges depends on the... Read more »

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1 Answer | Asked in Domestic Violence for Louisiana on
Q: In a domestic strangulation. Is it labeled " state vs. John Doe" if the victim is the one that presses charges?

Just wanting to know what the letter didnt say " Jane Doe vs. John Doe. Instead it said " the state vs. John Doe.

Randy Bryan Ligh
Randy Bryan Ligh
answered on Mar 9, 2022

In a criminal matter (as opposed to a civil matter), it's "state" or "city" or "united states" because the prosecuting authority is the government agency and not the accuser.

2 Answers | Asked in Domestic Violence for Louisiana on
Q: I have only 1 thing on my record. Domestic abuse battery 9 years ago misdemeanor. Is there anyway I can take that off?

Like expunged r sum because it's still showing up on jobs

Randy Bryan Ligh
Randy Bryan Ligh
answered on Mar 9, 2022

What was the disposition of the misdemeanor? A conviction? If it was a conviction, then if you are going to be successful in getting this off of your record, you will need an attorney to represent you and assert your reasons on your behalf---contact a criminal defense attorney in the jurisdiction... Read more »

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1 Answer | Asked in Domestic Violence for Louisiana on
Q: By Louisiana being an open carry state of Im on probation for domestic violence can I carry?
Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Mar 9, 2022

Absolutely NOT. That would be a FEDERAL offense.

1 Answer | Asked in Domestic Violence for Louisiana on
Q: My boyfriend was charged with domestic battery.

He was charged 6 years ago with battery, I had them dropped he received a misdemeanor, and community service with a fine. 2 days ago he hit me, and the sheriff's were called out. He fled before they came. He now has a warrant for his arrest. How can I have this warrant recalled, or... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Mar 5, 2022

You dont get to decide what his punishment or treatment is once you call the police; the District Attorney decides.

1 Answer | Asked in Criminal Law and Domestic Violence for Louisiana on
Q: I'm a victim DV case and also filed a report for violating the P.O. they dismissed the case without contacting me

The perpetrator punched me repeatedly in the head and broke his hand and then continued to punch me with the bone protruding out of the hand. With his 9yr old present DV battery and DV child endangerment. He also violated the protective order which I filed a report on that as well and turned it in... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Mar 1, 2022

What is the question?

1 Answer | Asked in Domestic Violence for Louisiana on
Q: Can charges be dropped on a domestic abuse charge...im the victim
Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Feb 20, 2022

You can go to the DA's office and sign a drop charge form.

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