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Louisiana Domestic Violence Questions & Answers
1 Answer | Asked in Domestic Violence, Family Law, Divorce and Child Custody for Louisiana on
Q: Can a wife get the locks change of domestic Islands happened between her and her husband in Louisiana
Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Jul 28, 2020

If the home is community property or rented in both names, then she can file a Protective Order and ask for exclusive use of the home and change the locks.

1 Answer | Asked in Domestic Violence for Louisiana on
Q: my friend is in an abusive household and pregnant. can she leave if shes 17? in louisiana
Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Jul 28, 2020

No she is a minor. But if it is physically abusive, you can call 911.

2 Answers | Asked in Domestic Violence for Louisiana on
Q: Will there be a bench warrant for me missing my court date on a stay away order that an officer filled out?

On my Summons/ Stay Away Order that I recieved states that I (the victim) was ordered to appear in court but misread the date and missed it. Could I be arrested?

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Jul 20, 2020

No you won't be arrested. But contact the District Attorney's Office.

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2 Answers | Asked in Domestic Violence for Louisiana on
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.... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Jul 20, 2020

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.

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1 Answer | Asked in Domestic Violence and Family Law for Louisiana on
Q: Husband serving time for dom.abuse & child endangerment. When released can he return home without my permission?

The police said there was a protective order but how long is this good for? I want a divorce and dont want him back but considering we are married how does it work? He has nobody and I know he will try to come here 1st chance he gets

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Jul 17, 2020

Look at the date on the protective order to see how long it is good. If you want a divorce and exclusive use of the house, hire a divorce attorney. If he shows up before the protective order expires, call the police.

2 Answers | Asked in Domestic Violence for Louisiana on
Q: My husband was arrested for drug charges which were no billed but while in Parish an old domestic battery charge came up

Am i required to show up for court for the charges to go thru? I was never told to and Im trying to run from hm and get away safely

Stephen Rue
Stephen Rue answered on Jun 26, 2020

Call and talk to the DA’s office.

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2 Answers | Asked in Domestic Violence for Louisiana on
Q: Boyfriend was charged with domestic abuse child endangerment by another women she is trying to drop charges can she?

Also trying to contact him thru his son while he is incarcerated is that okay?

Stephen Rue
Stephen Rue answered on Jun 13, 2020

No lawyer can answer question without seeing all of the facts. Many District Attorney offices prosecute regardless of position of alleged victim.

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1 Answer | Asked in Domestic Violence for Louisiana on
Q: military son Got into a domestic dispute with his wife

my 19-year-old military son and his wife got into an altercation on yesterday. His wife called his sergeant in hopes that he could talk to my son and maybe separate them for a night or two. she said that she had been up all night and hadn't eaten or slept And told that to the sergeant. she... Read more »

Stephen Rue
Stephen Rue answered on Jun 13, 2020

What parish in Louisiana did this occur in? We need more Specific information to assist him.

1 Answer | Asked in Criminal Law and Domestic Violence for Louisiana on
Q: Can a case be reopened when the accused suspect have already taken a deal?

I was incarcerated on July 13, 2018, because a girl that I was messing around with accuse me of strangling her. The same year January 5, 2018 I was involved in a accident in which my right hand (Fingers only) was injured badly. I had to have surgery on it January 11, 2018. During surgery my... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Jun 8, 2020

Wht would you take a deal in July 2018, do time and not raise this as a defense until Jun 2020? You can appeal for new evidence. This is old evidence. Tou can also appeal for incompetent representation. But why wait so long?

1 Answer | Asked in Domestic Violence for Louisiana on
Q: What happened if I don’t show up for a court for a restraining order that I ordered?

Will I be penalized?

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Jun 8, 2020

If the complainant doesn't show up,it will likely be dismissed.

1 Answer | Asked in Domestic Violence for Louisiana on
Q: Could my boyfriends felony domestic abuse charges be dropped or reduced?

About 2 years ago my boyfriend & I got into a fight, and my mother called the cops. I was pregnant and in the moment and because things were so hectic, my memory of the event was affected and now i remember it a lot differently than I had previously written in my statement to police. I wasn’t... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on May 28, 2020

You need to fill out a drop charge form with the Disteict Attorney.

1 Answer | Asked in Domestic Violence for Louisiana on
Q: Me and my boyfriend got into an argument, nothing physical. I was charged with domestic abuse agg. Assault

Knife was on site not in my possession. Can he write an affidavit to drop charges?

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on May 27, 2020

Yes but the D.A. still makes the decision.

1 Answer | Asked in Domestic Violence for Louisiana on
Q: I pressed charges on my boyfriend 3 years ago. he was charged w/ domestic violence. Can I have those charges dropped now

It happened in 2017. I wanted to drop the charges but was afraid and now I regret everything. I really want all this to be dropped so he can get a good job

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on May 4, 2020

Contact the District Attorney's Office. But it may be a done deal.

1 Answer | Asked in Domestic Violence for Louisiana on
Q: Should I call police to document my wife falsely accusing me of domestic violence?

She was drunk and grabbed me, I removed her arm from around my neck I have video of her approaching and grabbing my phone as well as her being drunk this morning. So she’s lying saying I assaulted her bc her arm has a slight mark. I want it to be documented but I’m scared bc I don’t know the law

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on May 2, 2020

No don't call the police. But email the video and photos to someone so if she files a complaint, she can't delete it from your phone and if the police seize your phone, your attorney can have access to it. Then call an attorney if you don't want to remain married to a drunk.

1 Answer | Asked in Domestic Violence for Louisiana on
Q: My wife has been charged for domestic abuse battery and did it again. Me and my children need protection. What can I do?

My wife was arrested for domestic abuse battery and we agreed to try and fix things. She was placed in a diversion program and it happened again, also harming our 2 year old son. We have 2 children together and she left us however I still am afraid of her returning and hurting us again. She is on... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Apr 21, 2020

You're right, you need a lawyer to file a Protective Order, for divorce, custody and child support. If you don't, Child Protective Services could step in and put your children in foster care.

1 Answer | Asked in Criminal Law and Domestic Violence for Louisiana on
Q: boyfriend has a domestic battery 2nd degree charge. What plea bargains can done to keep him out of jail or prison?

hes been in jail for 40 days now. He was on probation prior to this charge. But he just has Domestic battery 2nd charge on 02/21/2020. Can he be put on probation or do any counseling like anger management classes, AA meeting or something?

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Mar 31, 2020

Were you the victim of the domestic violence? If so, why are you trying to get him out? He now has a probation violation to deal with also so they will not bond him out. At the least, he will have to do a Domestic Violence Intervention Program which is 26 weeks long and a drug test and an... Read more »

1 Answer | Asked in Domestic Violence for Louisiana on
Q: My fiancé is being held and neither one of us called the police. I don’t wish to have any charges brought up against him

What can I do? No bond is being set they’re saying I have to wait until Gwen’s law case is presented? And I’m unsure about what that is

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Mar 24, 2020

He's being held without bond because he has been charged with domestic violence. Hire a criminal attorney for him.

1 Answer | Asked in Criminal Law and Domestic Violence for Louisiana on
Q: Defendant has a no contact order signed by judge. Can I message the defendant even though he can't reply? Or no?
Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Mar 21, 2020

You can. But he can't. However your reaching out to him can be used to show you are not afraid of him or are baiting him

So don't.

2 Answers | Asked in Domestic Violence for Louisiana on
Q: What happens if the victim violates the protective order in the State of Louisiana?
Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Mar 12, 2020

Nothing. The victim's activities are not restrained.

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1 Answer | Asked in Domestic Violence and Criminal Law for Louisiana on
Q: What can I do when husband is threatening my life?

For 3 months He has emailed, text, called from spoof #s (even local sheriff #, now started threatening my 20yo son, online post and photos of me, tells me if I don’t do ask he says he will keep smearing me online, post more photos of a old job (yes legal but in adult industry) And post videos of... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Mar 7, 2020

First, print everything you have.

Second, hire a private investigator to get the goods on him

Third, hire a divorce attorney.

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