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Louisiana Domestic Violence Questions & Answers
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 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 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 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: 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.

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: 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.

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.

1 Answer | Asked in Criminal Law and Domestic Violence for Louisiana on
Q: I filed for a protective order against my cousin. I’m scared to now be in sane court room with him. How can I avoid this

My cousin has been telling people that he’s going to kill me my fiancé my kids then himself. He believes I’m a prostitute which I am not. He says if I lie to him he’s going to kill me. He’s gone into detail to others. I have him on recording. I put a protective order against him but now I... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Feb 17, 2022

Request the hearing by zoom.

1 Answer | Asked in Constitutional Law, Criminal Law and Domestic Violence for Louisiana on
Q: How do I go about bringing a civil case against someone that was the alleged victim in the criminal case against me?

My fiance was living with her mother when they got into a domestic squabble. To make Understanding this easier Brandi---->Fiance.......... Sarah--------->Mother. The fight happened at their home But Sarah called an ambulance cause she said brandi Hit her and broke her leg so Sarah went to the... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Feb 2, 2022

Huge mistake pleading to these charges. Hire a criminal attorney who also does plaintiff personal injury.

1 Answer | Asked in Domestic Violence for Louisiana on
Q: In the state of Louisiana. My 14 yr old son was involved in a domestic abuse incident with his stepfather who is 36 yrs

Is it my responsibility to press charges as his father since he is a minor? Or does my 14 yr old son have to press the charges? I was told my 14yr old son had to press the charges which doesn't seem right to me

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Jan 29, 2022

You both need to go to the Sheriff's office and file a criminal complaint. If not, your son could go into foster care.

1 Answer | Asked in Domestic Violence for Louisiana on
Q: What are the chances that the charges can be dropped for battery of a dating partner by strangulation?

I’ve already filed the dismissal of charges form with the DA’s office.

Randy Bryan Ligh
Randy Bryan Ligh answered on Jan 28, 2022

The prosecutor/District Attorney will make the final decision on whether or not to pursue the matter, however, the best thing which can be done is for the dating partner to retain and attorney and begin preparing the defense of the case, including mitigation or mitigating factors in favor or a... Read more »

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