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Louisiana Domestic Violence Questions & Answers
1 Answer | Asked in Domestic Violence for Louisiana on
Q: If the victim has written a statement saying it was an accident and doesn't wish to press charges how am I being charged
Joshua Schiffer
Joshua Schiffer
answered on Jan 12, 2025

Regardless of actual evidence, the elected executive prosecutor in your jurisdiction has final say on what charges are presented to the Grand Jury or directly accused. That doesnt mean anyone is Guilty and your evidence is both RELEVANT and ADMISSIBLE.

Many, many cases have alleged...
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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 Domestic Violence and Gov & Administrative Law for Louisiana on
Q: Does reporting a lost firearm violate a protection order in Louisiana?

If I report a firearm as lost, will this action violate a protection order in Louisiana?

James L. Arrasmith
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answered on May 15, 2025

Reporting a lost firearm, by itself, does not automatically violate a protection order in Louisiana. What matters most is whether the action involves any direct or indirect contact with the protected person, or if it breaks a specific term outlined in the protective order. If your report is made... View More

1 Answer | Asked in Criminal Law and Domestic Violence for Louisiana on
Q: Can I bond out again after more counts of violating protection order in LA?

I recently bonded out for a violation of a protection order in Monroe, Louisiana. An investigator has now added three more counts of violation of the protection order for actions taken on the same night as the original violation. I wasn't fully explained the details of the protection order but... View More

James L. Arrasmith
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answered on May 15, 2025

This situation is complicated, and it’s understandable that you're feeling overwhelmed—especially since your actions were meant to protect your child. In Louisiana, even well-meaning contact related to a protected person can still be considered a violation if it breaks the terms of the... View More

1 Answer | Asked in Family Law and Domestic Violence for Louisiana on
Q: Is spanking with a belt on bare skin legal discipline in Louisiana under shared custody?

I have a concern about whether an incident involving my son constitutes legal discipline in Louisiana. My 12-year-old son, who primarily resides with me in North Carolina under our 50/50 legal custody arrangement, was spanked by his father with a belt on his bare skin, leaving bruises. This... View More

James L. Arrasmith
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answered on May 15, 2025

What you’re describing is deeply troubling, and you’re right to take it seriously. In Louisiana, physical discipline by a parent is not automatically considered abuse, but it becomes illegal if it goes beyond what the law considers “reasonable.” Striking a child with a belt on bare skin,... View More

1 Answer | Asked in Criminal Law and Domestic Violence for Louisiana on
Q: Can I be charged for pulling a gun on someone in self-defense during a violent assault?

I was called to help a family member and her four children at her boyfriend's home because an argument was likely to turn violent. Over the phone, I heard the boyfriend assaulting her while the children screamed. When I arrived, the children told me he was hurting their mother. I witnessed him... View More

James L. Arrasmith
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answered on Apr 13, 2025

In a situation like this, it’s important to consider the legal concept of self-defense and whether you had a reasonable belief that you or someone else was in imminent danger of harm. Drawing a weapon can be a serious action, and while self-defense laws may allow you to protect yourself or... View More

1 Answer | Asked in Domestic Violence and Gov & Administrative Law for Louisiana on
Q: Victim in a domestic violence case; no contact from authorities. Must I attend court?

I'm the victim in an upcoming domestic violence case in which the state has decided to proceed with charges, even though I did not pursue them myself. Since the incident, I have not been contacted by the police or the prosecutor. I have not received any formal notification or subpoena about... View More

James L. Arrasmith
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answered on Apr 13, 2025

If the state is proceeding with charges in the domestic violence case, it's likely that the prosecutor has decided to move forward even without your direct involvement. You may not need to take action yourself, but it’s important to confirm whether or not you need to attend the court... View More

1 Answer | Asked in Criminal Law and Domestic Violence for Louisiana on
Q: Can I claim defense of others in a domestic dispute in Louisiana?

Can I claim defense of others in Louisiana if I was on the attacker's property during a domestic dispute where I allegedly pulled a gun on the attacker? The police were called, and the attacker is threatening to press charges. Witnesses present were family members, and the only evidence is an... View More

James L. Arrasmith
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answered on Apr 13, 2025

In Louisiana, you may be able to claim "defense of others" if you believed that another person was in immediate danger of harm and that your actions were necessary to protect them. However, this defense depends on the specific circumstances of the incident. If you were on the attacker’s... View More

1 Answer | Asked in Domestic Violence and Civil Litigation for Louisiana on
Q: How can I have domestic violence charges and protective order against my husband dropped?

I am seeking advice on how to have the domestic violence charges and protective order against my husband dropped. The charges relate to incidents starting from November 2024, with the latest arrest occurring on 3/19/2025 after a physical disagreement caught on a neighbor's camera. We have had... View More

James L. Arrasmith
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answered on Apr 13, 2025

In Louisiana, domestic violence charges and protective orders are serious legal matters, and it can be challenging to have them dropped once filed. The decision to drop charges typically lies with the prosecutor, not the victim, although your wishes may be taken into consideration. If you want to... View More

1 Answer | Asked in Domestic Violence and Criminal Law for Louisiana on
Q: Can a spouse be charged with robbery involving community property in a domestic abuse case?

In a case involving domestic abuse battery where I sustained a head injury, my spouse, to whom I've been married for over 14 years, took my cell phone and money I earned from a construction job. The phone was later found in her possession. A police report has been filed. Can my spouse be... View More

James L. Arrasmith
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answered on Apr 12, 2025

It’s possible for your spouse to be charged with robbery, but it depends on the circumstances and how the law applies to the situation. Robbery typically involves taking something by force or intimidation, and it may apply here since your spouse took your phone and money without your consent,... View More

1 Answer | Asked in Criminal Law and Domestic Violence for Louisiana on
Q: What does pleading guilty to charges and being sentenced to hard labor in Louisiana mean?

I previously pleaded guilty to charges of domestic abuse and was issued a protective order. I violated the protective order, leading to new charges including violation of protective orders, violation with battery, and stalking via repeated harassment under the protective order. I pleaded guilty as... View More

James L. Arrasmith
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answered on Apr 12, 2025

Pleading guilty to these charges means you’ve admitted to committing the offenses and accepted responsibility for your actions. This can have serious consequences, especially with the sentence of hard labor in the Louisiana Department of Corrections. Hard labor typically means you will be... View More

1 Answer | Asked in Civil Rights, Child Custody, Domestic Violence and Civil Litigation for Louisiana on
Q: Urgent need for legal intervention in wrongful child custody actions and defamation.

I was wrongly arrested for criminal trespassing when attempting to pick up my baby, and after my release, I was served with an emergency custody order and temporary restraining order (TRO) by my children's father and grandmother. The arrest seems to be influenced by malicious intentions rather... View More

James L. Arrasmith
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answered on Mar 24, 2025

Given the urgency of your situation with today's court date at 10 am, you need to gather all documentation immediately. Bring copies of the previous protection order against your ex, any evidence of his documented history of domestic battery, and any communication showing your attempts 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 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 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 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

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