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Louisiana Domestic Violence Questions & Answers

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 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 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 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 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 answered on Jul 8, 2019

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

1 Answer | Asked in Domestic Violence for Louisiana on

Q: can a person be granted a restraining order and make me stay away from our house if the house is rented

My wife accused me of domestic abuse which is not true and I dont want her to be allowed to get a restraining order against me and have me stay away from my home when the house is rented and neither of us own the house

Ellen Cronin Badeaux answered on Jul 1, 2019

Unfortunately she can file for exactly that, a protective order and exclusive use of the home. Hire a family law attorney.

1 Answer | Asked in Domestic Violence for Louisiana on

Q: If charged with a domestic abuse battery charge and is a felon

Ellen Cronin Badeaux answered on Jun 13, 2019

Uou need a criminal attorney immediately.

2 Answers | Asked in Criminal Law, Family Law, Personal Injury and Domestic Violence for Louisiana on

Q: If I left my belongings at my ex girlfriend's house...and now she wont give it back...what can I do to get my things?

She says she dont have them and that I took them with me...but I didnt...the clothes are my companies not mine...the rest she can have

Ellen Cronin Badeaux answered on Jun 8, 2019

Your only recourse is justice of the peace course or suck it up and buy new uniforms.

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1 Answer | Asked in Domestic Violence for Louisiana on

Q: What are the plea options of a domestic abuse battery with child present charged to both parties for first offense?

If the couple live together verses if the couple live at different residents?

Ellen Cronin Badeaux answered on May 30, 2019

Many more details are needed. Hire a criminal attorney. Child Protective Services may be waiting in the wings to take custody also.

1 Answer | Asked in Criminal Law, Family Law, Civil Rights and Domestic Violence for Louisiana on

Q: Can the comissioner deny my dissolution request of the stay away order

I called the police on my husband and he has a stay away order put on him i want it disolved. Can they deny this due to our being co defendants in another case?

Ellen Cronin Badeaux answered on May 23, 2019

They can deny it for any number of reasons.

2 Answers | Asked in Criminal Law and Domestic Violence for Louisiana on

Q: I came across a text message on my partner’s phone to her coworker about murdering me. What should I do?

Is it illegal in Louisiana to say that you’re going to murder someone via text?

Gary Kollin answered on May 22, 2019

It is not for me to tell you what to do. That is your personal decision

It is not a legal question. It is one of choice

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1 Answer | Asked in Criminal Law, Family Law and Domestic Violence for Louisiana on

Q: Is there any way I can get it dropped or dismissed?

I am a mother of two boys. On mothers day, my husband and I got into a fight. He had called the cops. They arrived and put me in cuffs. He had told the cops that I throw something and hit my 9 year old son in the face. They kept telling me that I was only being detained. When I finally got let out... Read more »

Ellen Cronin Badeaux answered on May 21, 2019

Don't post your name on a public website.

Hire a criminal attorney to seek dismissal of the domestic abuse battery charge.

1 Answer | Asked in Domestic Violence for Louisiana on

Q: I AM A COP IN LOUISIANA AND I RESPOND TO A DOMESTIC CALL AFTER CONDUCTED MY NTERVIEW AND MADE MY DECISION AND ARRESTED

THE HUSBAND FOR DOMESTIC BATTERY AS HIS RIGHTS WAS READ THE MAJ OVER RULED MY DECISION AND HIS WIFE WROTE A VOLUNTARY STATEMENT THAT SHE DONT WANT TO PRESS CHARGES AS IT WAS ON HER FREE WILL AND NO ONE PRESSING HER TO DO SO...REMIND YOU THE PERSON I ARRESTED IS THE MAJ FRIEND.

TELL ME WHAT... Read more »

Ellen Cronin Badeaux answered on May 7, 2019

Report this annonymously to the state police or Attorney General's Office.

1 Answer | Asked in Domestic Violence for Louisiana on

Q: My fiance was charged with Domestic Abuse strangulation and cruelty to juveniles 2 counts of false imprisonment but that

Is all wrong and the police report is wrong. So my question is what can I do considering I'm the said victim? I wasn't strangled no child was harmed and nobody was held against their will

Ellen Cronin Badeaux answered on May 1, 2019

He needs a criminal attorney and you can tell the attorney what your testimony will be

1 Answer | Asked in Criminal Law, Domestic Violence and Libel & Slander for Louisiana on

Q: What happens to a person that falsely accuses another of domestic violence/sexual assault once they are proven innocent?

Ellen Cronin Badeaux answered on Apr 29, 2019

Absolutely nothing. But it can be used in custody.

1 Answer | Asked in Domestic Violence and Family Law for Louisiana on

Q: ex filed a TRO citing threatening violence and history of drug and alcohol abuse as well as threats to harm

our 17 year old daughter, and mental issues, all of which are false. He was abusive and controlling during our entire marriage and has continued to be manipulative since our divorce. He lives in a small town where he is known as quite a big shot. Our daughter will be 18 soon and no longer under... Read more »

Douglas Lee Bryan answered on Apr 22, 2019

This forum isn't for purposes of, or as an alternative to, obtaining advice from an attorney. You should speak with an attorney personally to discuss your rights and options ASAP. I would suggest speaking with someone in the jurisdiction where the suit is pending, as someone there likely would be... Read more »

1 Answer | Asked in Criminal Law and Domestic Violence for Louisiana on

Q: What if he doesn’t show at the court date for a restraining order for threats? Will he go to jail?

He’s sent messages saying he was gonna put a bullet in my head and wouldn’t live another month

Ellen Cronin Badeaux answered on Apr 1, 2019

Call the Sheriff's Office.

1 Answer | Asked in Criminal Law, Family Law, Child Custody and Domestic Violence for Louisiana on

Q: How is it my daughter husband ONLY served 3months in jail for 2ND DEGREE ASSAULT WITH WEAPON?

Daughter husband been arrested for 2nd degree assault. He been arrested Jan 27, 2019. His release date is April 27, 2019. only spend three months in jail!!!! Daughter sustained unconsciousness because of beating physically with a steel baseball bat, broken elbow, shoulder, ribs and *bite marks*... Read more »

Douglas Lee Bryan answered on Mar 26, 2019

That is a question best asked of the assistant DA or victim's assistance coordinator with the DA's office.

1 Answer | Asked in Domestic Violence for Louisiana on

Q: Can my son be around Ex’s new girlfriend if I have a restraining order against her?

My Ex and I have a 6 year old, no custody agreement. I have been his primary care taker for the past 5 years in Jefferson Parish, he resides in Terrebonne parish. My husband and I have my son full time (school, sports, medical, everything) Biological dad gets him every other weekend (if it’s... Read more »

Ellen Cronin Badeaux answered on Mar 13, 2019

You can't get a restraining order for threatening not to pay child support. You can get contempt for failure to pay child support. You can get a restraining order for a threat of physical violence. Father is allowed to bring anyone around his son that he sees fit.

1 Answer | Asked in Criminal Law, Family Law and Domestic Violence for Louisiana on

Q: Can a homeowner simply ask a person whom has been living in their home rent free & without a lease agreement to leave?

The person has been asked to leave & refuses. What are my options to remove the person permanently?

Ellen Cronin Badeaux answered on Mar 10, 2019

Change the locks when the person goes out.

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