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Louisiana Domestic Violence Questions & Answers
1 Answer | Asked in Criminal Law and Domestic Violence for Louisiana on
Q: my husbands being falsely charged of domestic abuse when my son and I weren't even home..what can I do?

my husband was arguing with a neighbor when my son and I were getting home.. there was NO physical contact between ANY parties yet hes being charged with these as well as other charges what can I do to help him come home soon...PLEASE

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Dec 2, 2019

He needs a criminal attorney. Additionally you can go to the D.A.'s office and complete a drop charge form.

1 Answer | Asked in Domestic Violence and Landlord - Tenant for Louisiana on
Q: If a restraining order is granted , how far does the accused have to stay away from accuser

2 brothers ( 1 whom had open heart surgery , the accuser ) against his brother ( the accused ) who threatened to hit him in the chest to kill him then said he would burn the trailer with him( cardiac pt ) in it

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Nov 12, 2019

The accuser needs to make a criminal complaint with the Sheriff's office.

1 Answer | Asked in Domestic Violence for Louisiana on
Q: How can my brother win a domestic violence and child endangerment case

My brother was charge with the domestic violence and child endangerment. he’s fiancé sign a affidavit for him. And he’s currently in jail and he has not seen a judge for his case. He also was charge with violating a protective order when she never issued one nor the court notified her for one.... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Nov 11, 2019

Your brother is going to need a criminal defense lawyer.

2 Answers | Asked in Criminal Law and Domestic Violence for Louisiana on
Q: I'm a victim of domestic violence, but he knows I won't call the police because I have warrants

I really want him out my house but I'm scared might hurt me bad if I call the police

Gary Kollin
Gary Kollin answered on Oct 25, 2019

This is not a legal question

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1 Answer | Asked in Domestic Violence for Louisiana on
Q: Do I go to the city court in Baton Rouge , la for temporary/restraining order?
Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Oct 23, 2019

Go to District Court in Baton Rouge to file a Protective Order.

1 Answer | Asked in Domestic Violence for Louisiana on
Q: How long can you wait before filing a domestic violence charge against your partner in louisiana?

What if they file for a restraining order on you and when you go to court the judge doesnt let you tell your side of the story or defend what the accuser has said you did?

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Oct 21, 2019

Aftwr 6 months your claim of domestic violence is getting dusty. There is no hard and fast rule about how old is too old. But you have nothing to lose if it is 12 months or less. Hire a custody lawyer.

1 Answer | Asked in Domestic Violence for Louisiana on
Q: Can I be charged with domestic abuse battery for pointing my finger at my ex wife that I have been divorced from

400 miles away from

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Oct 14, 2019

Pointing your finger is not a battery. Touching her with your finger may be a battery.

1 Answer | Asked in Domestic Violence for Louisiana on
Q: If someone is being charged for a domestic abuse on a pregnant woman but the woman tried to drop the charge because

It wasn’t true, exactly what could happen in court to the man that has been wrongly accused?

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Oct 7, 2019

The penalty he's facing depends on her injuries and his record. He needs a criminal attorney.

1 Answer | Asked in Domestic Violence for Louisiana on
Q: I pressed charges on my boyfriend. The police charged him with domestic abuse battery. He asks me to drop charges

Or not to appear in court. I don't know what to do

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Sep 24, 2019

If you don't appear in court, you can be held in contempt. Why would you dismiss charges if he abused you?

1 Answer | Asked in Criminal Law and Domestic Violence for Louisiana on
Q: Pled guilty to domestic misd. . I am 2 years off of inactive probation. I cannot own a fire arm for 8 years

If my girlfriend purchased a legal fire arm for our house is it illegal for me to be there.. furthermore if I have to use her firearm to protect our family on our property, am I legally able to as I am not the owner of the gun yet I reside in her residence( she is not the victim.. the victim passed... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Sep 23, 2019

If you live in the same home, then you have constructive possession. Under federal law you may not EVER possess a firearm after a conviction for domestic violence.

1 Answer | Asked in Criminal Law and Domestic Violence for Louisiana on
Q: If I got charges dropped for domestic violence that were filed against my fiance should i speak with the prosecutor

And sign an affidavit stating the facts of my mother and sisters threatening to take my children if I hadn't pressed charges?

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Sep 21, 2019

No because then that will trigger a DCFS investigation.

1 Answer | Asked in Domestic Violence for Louisiana on
Q: I need legal advice or pointers regarding domestic violence in Louisiana, my mom and sister threatened to take my

daughters or put me in a mental ward if i didnt file a police report against their father who is my fiance. What are some things i can do in order to approach this accordingly. I went to the sheriffs office and signed a waiver to drop charges but what else should i be doing to prevent my fiance... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Sep 21, 2019

You did all you can do. Now the decision whether or not to prosecute is up to the D.A.

1 Answer | Asked in Small Claims, Divorce, Family Law and Domestic Violence for Louisiana on
Q: Breech of protection order by sale of personal effects / community property. What can be done about this issue?

I had a protection order placed on me. During the po and divorce time frame my now ex-wife sold my tools, tool box, air compressor, golf cart, boat and my father's boat. All these items value is close to 12000 US Dollars. Can I press charges on her since I could not while she had po in place? What... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Sep 13, 2019

Protective Order on you did not prohibit her from selling your property. But a TRO against alienation against her in divorce would have. Call your divorce lawyer to file contempt.

1 Answer | Asked in Divorce, Animal / Dog Law, Domestic Violence and Federal Crimes for Louisiana on
Q: I’ve been trying to find out what is the law for can your spouse take Community property before you divorce?

Had a restraining order on my spouse went to court judge okayed him to take personal items and came with a constable and two police officers they detained me away from my house so he can collect a list of items Tools furniture etc. tools furniture etc. that the constable allowed him to take

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Sep 7, 2019

If you were given exclusive use of the house or a protective order, yes he can be granted access with a deputy to remove his personal effects, clothes, separate property or items needed for work, pending divorce and partition.

1 Answer | Asked in Criminal Law and Domestic Violence for Louisiana on
Q: What can I be charged up to in fees and court fees in Vernon Parish for simple battery ?

This is a misdemeanor charge in my case

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Aug 29, 2019

Only the Clerk of Court knows the court costs, so call them.

1 Answer | Asked in Divorce, Domestic Violence and Military Law for Louisiana on
Q: Which Louisiana civil code petition allows me to divorce an active duty soldier?

I have been granted a domestic violence protection order that allows me to file for immediate divorce but I cannot find the correct petition. La Civ. Code 103 states the spouse cannot be an active duty member, and that’s the same petition every attorney hands me.

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Aug 5, 2019

If your spouse consents, you can divorce now. But if your spouse does not consent, you have to wait until 60 days after discharge. That's why you can't find a "form".

1 Answer | Asked in Domestic Violence for Louisiana on
Q: is domestic abuse battery a felony? and what if the couple involved never lived together, the female barely "racked" him

Her friend has no intention of pressing charges but the casino where they were is pressing those charges we think. It is her first offense.

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Aug 3, 2019

Domestic abuse battery is a misdemeanor or unless it's aggravated. Either way she needs a criminal attorney.

1 Answer | Asked in Criminal Law and Domestic Violence for Louisiana on
Q: If I had someone arrested for stalking me, do I have to testify at the arraignment? Can I drop the charges?
Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Jul 25, 2019

You testify at trial, not arraignment unless it's a Gwen's law case then you will have to testify. Go to D.A.'s office to fill out drop charge form

1 Answer | Asked in Criminal Law and Domestic Violence for Louisiana on
Q: At a Gwen's law bail hearing, is it possible to have all charges dropped and the defendant be released?
Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Jul 9, 2019

Possible that charge dismissed and defendant released or possible that bail denied and defendant remanded for trial.

1 Answer | Asked in Domestic Violence for Louisiana on
Q: I go to court this month on a domestic abuse battery; child endangerment charge. I have never been arrested in my lif

and my wife is wanting to help with getting it dropped. She was the victim. What are the chances I serve additional jail time to the 3 days I served when I was arrested?

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Jul 8, 2019

Your chances of serving additional time go down if you hire a criminal attorney.

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