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Louisiana Domestic Violence Questions & Answers
1 Answer | Asked in Domestic Violence, Military Law and Family Law for Louisiana on
Q: My ex husband retired military veteran.. emotionally abused me for years. I need help. Me and my kids didn't get a dime.
James L. Arrasmith
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answered on Jan 11, 2024

Dealing with the aftermath of emotional abuse, especially in a military family, can be incredibly challenging. First and foremost, it's important to recognize the strength it takes to seek help in such a situation. The emotional toll on you and your children is a serious concern and addressing... View More

1 Answer | Asked in Criminal Law and Domestic Violence for Louisiana on
Q: i go to trial against my ex he commited the assault on accident how can i get them to dismiss the charges

they charged him with aggravated domestic abuse battery but they don't wanna hear that he didn't intentionally hurt me and it wasn't physical assault i did call law enforcement because upon breathing in the pest killer Raid i couldnt breathe but upon law enforcement arrival they said... View More

James L. Arrasmith
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answered on Dec 12, 2023

In Louisiana, if you're seeking to have charges against your ex dismissed in a case of alleged aggravated domestic abuse battery, it's important to understand that the decision to prosecute lies primarily with the district attorney's office, not with the victim. If you believe the... View More

1 Answer | Asked in Child Custody, Child Support, Domestic Violence and Family Law for Louisiana on
Q: Q: Filed a petition for custody based upon abuse and to establish child support what I’ll be the first step of this case
Randy Bryan Ligh
Randy Bryan Ligh
answered on Jun 6, 2023

If you filed the petition and you had an attorney file it on your behalf, then please speak to your attorney and discuss this. If you filed it without an attorney, then please use the Justia Find a lawyer tab and search for family law/cusody/support lawyers in the parish the petition was... View More

1 Answer | Asked in Domestic Violence and Criminal Law for Louisiana on
Q: My brother has a domestic abuse case she signed to affidavit of non prosecution what can be done to get this thrown out
Randy Bryan Ligh
Randy Bryan Ligh
answered on Feb 7, 2023

The prosecutor or District Attorney's office has the final say on all matters forwarded to it. The office will (should) take into considered that drop charge/affidavit of non-prosecution in deciding whether or not to formally file charges. If the accused has or can afford to hire an attorney,... View More

1 Answer | Asked in Domestic Violence and Criminal Law for Louisiana on
Q: My brother was charged with domestic abuse a affidavit of non prosecution was signed because she wants to drop the charg
Randy Bryan Ligh
Randy Bryan Ligh
answered on Feb 7, 2023

The prosecutor or District Attorney's office has the final say on all matters forwarded to it. The office will (should) take into considered that drop charge/affidavit of non-prosecution in deciding whether or not to formally file charges. If the accused has or can afford to hire an... View More

1 Answer | Asked in Child Custody, Child Support, Divorce, Family Law and Domestic Violence for Louisiana on
Q: How can I get a lawyer to takea case pro bono? Legal Services where I live says they don't have the resources

Child custody and divorce and there is domestic violence involved on my husband against me. He has a very good attorney and I can't afford one. He refuses to pay child support and I don't have a vehicle to get to a job so I'm struggling. Also, he is trying to get domestic charge... View More

Douglas Lee Bryan
Douglas Lee Bryan
answered on Feb 3, 2023

I'm sorry to hear of the problems you're having. You may be able to find assistance through this website: https://www.lsba.org/public/findlegalhelp/. I would also suggest contacting your local battered women's shelter and/or your parish's District Attorney's Office to... View More

1 Answer | Asked in Criminal Law and Domestic Violence for Louisiana on
Q: My boyfriend is in jail now with violation of a protective order in caddo correctional center and I don't think they set

His bond correctly.. it is 2nd offense with a bond of 25,000 dollars but when the officer arrested him last night we both were told it was a misdemeanor charge.can u help me please

Todd B. Kotler
Todd B. Kotler
answered on Jun 23, 2023

I do not practice in Louisiana. However, in my experience violation of protection order criminal charges are enhanced offenses that permit a court to set higher bonds and higher penalties on the subsequent charges.

1 Answer | Asked in Domestic Violence for Louisiana on
Q: My sister fiance called the cops for domestic violence when we were trying to get the car keys from each other and it

Turned into little wrestling match how can I help drop the charges

Randy Bryan Ligh
Randy Bryan Ligh
answered on May 10, 2023

My advice is that you hire a criminal defense attorney to guide and represent you through this----domestic violence cases are no longer a joke and if there was no criminal conduct involved, then you want to contest these charges. Good luck.

1 Answer | Asked in Domestic Violence for Louisiana on
Q: If I am the victim of alleged domestic violence, can I sign bond for my significant other?

In Baton Rouge, Louisiana

Randy Bryan Ligh
Randy Bryan Ligh
answered on Feb 14, 2023

Although it might not assist in the prosecution of your matter, you can post bond.

1 Answer | Asked in Criminal Law and Domestic Violence for Louisiana on
Q: fiancé has warrant from prior marriage in NM for aggrav stalking. How likely is that to affect him living in Louisiana?

Will NM pursue violators out of state? Will they refuse a divorce? Will LA arrest and extradite?

Randy Bryan Ligh
Randy Bryan Ligh
answered on Jul 14, 2022

Based on your post, and while I do not know the specifics of all of this, my recommendation is that you should have your fiance take care of the New Mexico business ahead of time and before you get married. You do not want his past to all of a sudden impact you present or your future.

1 Answer | Asked in Domestic Violence and Libel & Slander for Louisiana on
Q: Can a person sue for defamation, if another person makes a bogus report to DCFS about child abuse and neglect.
Randy Bryan Ligh
Randy Bryan Ligh
answered on Jun 30, 2022

A suit for defamation is not precluded from what's in your post, however, whether or not you would recover would depend on the specific facts of your matter.

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,... View 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... View 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,... View 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... View 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... View 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... View 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... View 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... View 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.

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