Get free answers to your Domestic Violence legal questions from lawyers in your area.
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... View More 
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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
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
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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
If I report a firearm as lost, will this action violate a protection order in Louisiana?
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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
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
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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
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
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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
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
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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
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
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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
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
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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
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
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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
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
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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
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
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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
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
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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
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
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.
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
Turned into little wrestling match how can I help drop the charges
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.
In Baton Rouge, Louisiana
answered on Feb 14, 2023
Although it might not assist in the prosecution of your matter, you can post bond.
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
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
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
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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