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Louisiana Domestic Violence Questions & Answers
1 Answer | Asked in Domestic Violence for Louisiana on
Q: It’s a domestic violence case and the victim going report that it’s was falsely reported , can district attorney recall

Recall warrant also if the defendant is actually innocent

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Jun 1, 2021

If victim recants testimony, then DA may nolle prosse charge, if they have no other evidence.

1 Answer | Asked in Domestic Violence for Louisiana on
Q: Can district attorney recall warrant without going to jail
Randy Bryan Ligh
Randy Bryan Ligh answered on May 31, 2021

Yes, he can request that a warrant be recalled. It is up to the judge to actually recall the warrant.

1 Answer | Asked in Domestic Violence for Louisiana on
Q: How do you get a warrant recalled without going to jail, if domestic violence police report was falsely reported?

Would the person still get arrested if it isn’t true, can district attorney recall the warrant if victim reports what actually happened, also the individual was arrested before on several accounts of domestic violence also was previously held on a no bond held on gwens law..but never been... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on May 31, 2021

Hire a criminal attorney to review all these factors.

1 Answer | Asked in Domestic Violence for Louisiana on
Q: How do you drop charges on a person who repeatedly been arrested for domestic violence was once held in jail with no

With no bond , held on gwens law..but never been convicted Got out and also attended classes such rehab , sober living facility , he also have monitor set where he have curfew but what if that domestic report was false how can you drop it and also get district attorney to drop it ? Also recall... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on May 30, 2021

Go to the DA and ask for a drop charge form

1 Answer | Asked in Domestic Violence for Louisiana on
Q: Hello Can you ask a question for me? How does Louisiana address a probation violation of Domestic Abuse Battery?

My Son was convicted of Domestic Abuse battery, kidnaping on his girlfriend about four years ago. He continue in a relationship with this girl. There was no protective order in place because at court she requested the judge not place one. Last year, she made a false claim that he again abuse her by... Read more »

Randy Bryan Ligh
Randy Bryan Ligh answered on May 31, 2021

If your son has a lawyer, then you should direct these questions to his lawyer. If your son does not have a lawyer, then you should seek to hire a lawyer for him. One of the things I notice about your post is that you claim the 2nd arrest has no merit----if the 2nd arrest goes away, which is may... Read more »

2 Answers | Asked in Child Custody, Divorce, Civil Rights and Domestic Violence for Louisiana on
Q: My attorney filed this exparte art 3945 in divorce petition on April 29, 2020. Courts did not give me date til 6/22/20

I still have not seen or spoke to my little girl in over a year. Courts still did not see or hear any of my evidence to protect my child from her father and his son, mother, daughter who all abused my child.

My husband now has my little girl brainwashed... forcing her to lie about me to... Read more »

Randy Bryan Ligh
Randy Bryan Ligh answered on May 17, 2021

I do not think you asked a question in your post and also, you have an attorney. You need to ask your questions to your attorney.

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1 Answer | Asked in Domestic Violence for Louisiana on
Q: Who would i the victim speak to on behalf of husband in a domestic violence case to assist in dropping charge

We went to 2 court dates at beginning of covid and never got any notification of any other date he was arrested 2 weeks ago fta on this matter but state kept the charges i never wanted to press charges

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on May 15, 2021

Go to the District Attorneys Office and fill out a drop charge form and hire a criminal defense lawyer for him.

1 Answer | Asked in Criminal Law and Domestic Violence for Louisiana on
Q: Can I do anything about anonymous gifts and fear of escalation?

I was groomed & basically manipulate into a relationship with a man twice my age. I was 19 when we met, he was 39. This was about 2 years ago & he's still trying to get in contact with me, mainly through gifts, beginning within the last few months. Sending flowers to my house/leaving... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on May 7, 2021

First send him an email, Facebook message and letter by certified mail to cease all contact with you at home, work or school by social media, email, phone, text or in person.

The next time he contacts you, file a criminal stalking complaint and file a protective order.

1 Answer | Asked in Domestic Violence for Louisiana on
Q: We are moving to Maryland and my fiancé is currently going to court ordered classes and has another court date in June.

Can my fiancé either get the case dropped or have his classes transferred up to Maryland when we move in about 6 weeks? He was arrested and charged with domestic abuse battery due to a simple argument/fight that got out of control with his little brother who we were taking care of at the time and... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on May 4, 2021

Your fiance can contact Probation and Parole to get his class transferred.

1 Answer | Asked in Family Law, Child Custody and Domestic Violence for Louisiana on
Q: If I am the domicile parent and my child's father isn't allowing me to see my child, what can I do?

We have no court ordered custody agreement however we have a parenting plan. I'm the Thomas all parent I stated through family services and my child's father is not supposed to have him unsupervised. What can I legally do to get my child back? He has been alienating my son from me for... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Apr 26, 2021

Hire a custody lawyer and file for contempt.

1 Answer | Asked in Domestic Violence for Louisiana on
Q: If my 22 yr old daughter won’t go to court on domestic charges on her husband can I step up and go?

He has been to jail 2-3 times for violating that restraining order or protection order most recently in March 2021 but she is beat up again and don’t want him go to jail... I’m raising thier daughter and the initial protection order was set for her and her family because he threatened to kills... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Apr 26, 2021

Take photographs of any injuries, call the Sheriff's office and hire a custody lawyer to file for custody and contempt.

2 Answers | Asked in Domestic Violence for Louisiana on
Q: My wife is being charged with domestic battery is there anyway we can get the case dropped.
Randy Bryan Ligh
Randy Bryan Ligh answered on Apr 9, 2021

The best way to accomplish this is to hire her a criminal defense lawyer to proceed on her behalf. If not, you can speak to the prosecuting authorities directly and see what they say.

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1 Answer | Asked in Criminal Law and Domestic Violence for Louisiana on
Q: I moved in with my boyfriend at the time. Almost everything in the house is mine except somethings. Since then we have

Married. He is threatening to throw my stuff away n burn it. He says he can because its his house. Is this against the law?

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Apr 8, 2021

Wait until he goes to work and move out. Them hire a divorce lawyer.

1 Answer | Asked in Domestic Violence for Louisiana on
Q: What if claim was made falsely in the charge of domestic violence strangulation
Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Apr 2, 2021

Hire a criminal lawyer. This can effecr your future custody and employment.

2 Answers | Asked in Family Law, Child Custody and Domestic Violence for Louisiana on
Q: Can I legally change my children's last name? And have my ex husband rights stripped? The kids are 6&5

When we got divorced in 2018 he was in prison since then he has never portioned the court for visitation and has never payed a cent since they were born we were legally separated in 2015. Can I strip him of his rights? Since 2018 he has been in and out of jail multiple times and is a felon. This... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Mar 25, 2021

This question comes up so frequently... Even lousy father's cannot be stripped of their parental rights if there is no new father to step into their shoes, i.e. you got subsequently got married. The public policy behind it is that even a lousy father is better than no father.

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2 Answers | Asked in Divorce, Family Law, Child Custody and Domestic Violence for Louisiana on
Q: Is there a statue of limitation on domestic violence occurrence being reported?

Multiple accounts of domestic violence and vandalism towards me by my husband, most recently 2 months ago. Is there a time frame to report this. And could I use these occurrences if a divorce is filed? No report ever filed but pictures and witnesses.

Tom Murphy
Tom Murphy answered on Mar 25, 2021

Statute of Limitations for a first-degree misdemeanor is two years. Keep your witnesses close. Yes, you can use this information in divorce/time-sharing proceedings.

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1 Answer | Asked in Domestic Violence for Louisiana on
Q: My ex got arrested for felony assault, damage to property and domestic abuse, he has court next month how do I drop it

I dnt wanna be bothered by his family, he has left me alone and I wanna be done with this, how do I get everything dismissed.

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Mar 10, 2021

Contact the District Attorney for a drop charge form.

1 Answer | Asked in Domestic Violence for Louisiana on
Q: My ex boyfriend was drugging me and abusing me doing things to me no one should ever have done to them. What can I do?

He told he did everything in the pictures that I found on his phone. The pictures are very awful. They made videos of it. I have found some of them. It makes me cry to watch them.

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Feb 11, 2021

Call the Sheriff's office to report this criminal offense.

1 Answer | Asked in Domestic Violence for Louisiana on
Q: My fiance was arrested for a second degree battery assault charge. He is bi-polar and was in manic psychosis.

The offense was against me. We stand to lose everything if this charge sticks. He was not in his right mind during this offense. What can we do to get the charges dropped?

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Feb 3, 2021

Hire a criminal defense lawyer. Get a certified copy of his medical record showing his diagnosis. Get him on medication and regularly checked.

1 Answer | Asked in Civil Rights, Domestic Violence and Landlord - Tenant for Louisiana on
Q: Can I be kicked out at 18 if I'm still in high school in Louisiana? I'll start senior year 2 days after my birthday.

My mom tries to kick me out a lot but I refuse to leave because I'm 17. She says she legally can kick me out now but I know that legally I can leave on my own but she can't kick me out. She's also threatened to give me a criminal record but I don't drink, smoke do drugs,... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Feb 2, 2021

Yes she can kick you out at 18. Find a relative willing to let you move in.

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