Louisiana Domestic Violence Questions & Answers

Q: Is there a difference between second degree battery and aggravated second degree battery ?

2 Answers | Asked in Criminal Law and Domestic Violence for Louisiana on
Answered on Jan 23, 2019
Ellen Cronin Badeaux's answer
2d degree battery exposure up to $2000 and/or 5 years

aggravated 2d degree battery exposure up to $10,000 and/or 15 years.

Both would necessitate a criminal attorney

Q: Can a family court judge order force a couple to end there relationship?

2 Answers | Asked in Domestic Violence and Family Law for Louisiana on
Answered on Jan 22, 2019
Ellen Cronin Badeaux's answer
No but a juvenile court judge can take custody away from both parents if they remain together or a family court judge can give custody to a 3d party.

Q: I made a horrible joke that caused some one I love to feel threatened. There is a restraining order can I go to jail

1 Answer | Asked in Domestic Violence for Louisiana on
Answered on Jan 22, 2019
Ellen Cronin Badeaux's answer
A Protective Order will likely be entered against you with supervised visitation of an children.

Q: In Louisiana do I have to testify against my spouse in a domestic abuse case?

1 Answer | Asked in Domestic Violence for Louisiana on
Answered on Jan 9, 2019
Ellen Cronin Badeaux's answer
You have to show up. Spousal privilege protects speech, not actions.

Q: Me and my husband got into a fight and are both charged with domestic abuse and I was wondering how to remove it

1 Answer | Asked in Domestic Violence for Louisiana on
Answered on Jan 1, 2019
Ellen Cronin Badeaux's answer
You can both go to the District Attorney's Office and complete drop charge forms. However, you both could have a Child Protective Services case to deal with.

Q: If I am currently separated from my abusive husband and want to move out of state with our child can I?

1 Answer | Asked in Domestic Violence, Family Law and Child Custody for Louisiana on
Answered on Nov 20, 2018
Ellen Cronin Badeaux's answer
To move without risking losing your children, you need to hire a divorce lawyer to file pleadings which comply with LA's relocation statute. If not followed, you may lose custody.

Q: how Much time does someone get for domestic abuse charge, Dom child endangerment, violation of probation, vio of protect

1 Answer | Asked in Criminal Law and Domestic Violence for Louisiana on
Answered on Oct 17, 2018
Ellen Cronin Badeaux's answer
This is 4 questions because his sentance can run consecutively or concurrently and he may be a tripple bill. He needs a criminal defense attoeney to calculate his exposure if any of his priors are less than 10 years ago.

Q: If i do not show to court will the temp restraining order be dismissed?

1 Answer | Asked in Domestic Violence for Louisiana on
Answered on Oct 17, 2018
Ellen Cronin Badeaux's answer
Can't tell from your question if you are the person seeking the TRO or opposing the TRO. Call your attorney or get a consultation with one. You may be assessed with court costs depending on your answer.

Q: If ordered to pay restitution but time served do restitution still has to be paid.

1 Answer | Asked in Domestic Violence for Louisiana on
Answered on Oct 16, 2018
Ellen Cronin Badeaux's answer
Yes restitution still has to be paid or you can be violated.

Q: I had an abusive&my child got hurt by my ex. Dcfs took my kids. Since, hes went to jail & my kids are still gone. Help?!

1 Answer | Asked in Domestic Violence and Family Law for Louisiana on
Answered on Oct 6, 2018
Ellen Cronin Badeaux's answer
DCFS case against you is that you did not protect your children from your ex. Hire a Juvenile Court lawyer.

Q: In Louisiana, I'm seperated for 3 months, trying to buy a house to put a roof over kids head. (Currently staying w pare

2 Answers | Asked in Divorce, Civil Rights and Domestic Violence for Louisiana on
Answered on Sep 30, 2018
Ellen Cronin Badeaux's answer
Way too many questions to answer on a website. Hire a divorce attorney or you are going to get whopped.

Q: My ex choked me. I have a TRO and we go to court on the 25th. There were no witnesses and I didn't go to the hospital.

1 Answer | Asked in Domestic Violence for Louisiana on
Answered on Sep 16, 2018
Ellen Cronin Badeaux's answer
Yes you need a lawyer. I hope you have photos or a police report.

Q: Can a LROP 17 be dissolved early in Louisiana?

1 Answer | Asked in Criminal Law and Domestic Violence for Louisiana on
Answered on Aug 18, 2018
Ellen Cronin Badeaux's answer
What is a LROP? If you want to dissolve a Protective Order early and it was done through a civil attorney, call that attorney. If it was done by the District Attorney, you have no say in it's dissolution.

Q: How can I be around my step-son if his dad put a restraining order on me?

1 Answer | Asked in Criminal Law, Domestic Violence, Family Law and Child Custody for Louisiana on
Answered on Aug 17, 2018
Ellen Cronin Badeaux's answer
If this is not your biological son, you can't be around without getting court ordered visitation.

Q: Bf was arrested for abusing me. We never lived together.It was caught on surveillance.Will this be a domestic vio charg

1 Answer | Asked in Domestic Violence for Louisiana on
Answered on Aug 12, 2018
Ellen Cronin Badeaux's answer
You have an attorney, the District Attorney's Office. This is who you should be talking to about your case.

Q: I have a charge of domestic violence with strangulation with no contact but not try to get it on my record

1 Answer | Asked in Domestic Violence for Louisiana on
Answered on Jul 25, 2018
Ellen Cronin Badeaux's answer
I can't tell what your question is. But you need an attorney. This is a non-expunge able offense and prohibits your ability to ever possess a gun.

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