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Louisiana Domestic Violence Questions & Answers
1 Answer | Asked in Domestic Violence for Louisiana on
Q: I been married for 31 years and he has been verbal Abusive and I’m ready to get out, what do I do first?

We been sleeping in different rooms for a few months now and kids are out the house. I also don’t make as much as he does.

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Feb 24, 2020

Grab documentation of all assets, liabilities & income and hire a divorce attorney.

1 Answer | Asked in Domestic Violence for Louisiana on
Q: If your husband is charged with domestic abuse battery and was falsely charged How can I get the case dropped?
Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Feb 17, 2020

Go fill out a drop charge form with the DA's office.

1 Answer | Asked in Domestic Violence for Louisiana on
Q: If I the victim of a protective order choose to contact the defendant will we be in violation
Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Feb 7, 2020

You already asked this question.

1 Answer | Asked in Divorce, Family Law and Domestic Violence for Louisiana on
Q: If the I'm the victim of the restraining and I contact the offender will the protective or be good anymore
Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Feb 7, 2020

Yes but be careful what you say and do so sparingly or it will be used against you.

1 Answer | Asked in Criminal Law and Domestic Violence for Louisiana on
Q: If the I'm the victim of the restraining and I contact the offender will the protective or be good anymore
Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Feb 4, 2020

Yes it is still hood but he may be able to use that as his defense if he ever violates it.

1 Answer | Asked in Domestic Violence for Louisiana on
Q: Ocs or dcfs was called on my family for domestic violence what could happen.

Can kids be taken away?

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Jan 20, 2020

Yes your children can go to foster care. Hire a juvenile court lawyer and follow your case plan.

1 Answer | Asked in Domestic Violence for Louisiana on
Q: Does the victim have a chance to speak during this hearing?

Speak about what he has put me and my family through and that I fear for my life and my families if he is set a bail amount.

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

The D.A. decides if you give a victim impact statement during the trial. You do not testify at a bond hearing unless it is a Gwen's law hearing, and the D.A. puts you on the stand.

1 Answer | Asked in Domestic Violence, Family Law and Criminal Law for Louisiana on
Q: Can me and my wife share an attorney in a domestic violence case?

My wife and i had a fight about our 4 month old baby and always holding him to much and it escalated i got upset and threw my phone and it hit her leg and i threw a shirt at her she was so mad she called the law and told them out of anger i hit her and pointed a gun at her many times so i am facing... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Dec 20, 2019

But no in a domestic violence case, or any other case, you can't use the same attorney. You can however use the same mediator.

1 Answer | Asked in Domestic Violence for Louisiana on
Q: Is there a statue of limitation on domestic abuse in Louisiana?
Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Dec 9, 2019

Prescription depends on the severity.

2 Answers | Asked in Juvenile Law, Criminal Law and Domestic Violence for Louisiana on
Q: I am 16 years old, if my mom is highly intoxicated and starts to beat on me, do I have the right to leave home legally?

Or, if I decided to leave the house, will I be considered a runaway? Can she get police officers to find me and charge me as a runaway because my 16th birthday is Dec 15, 2019? If I do call police because she is highly intoxicated and she tries to hit me, if there aren't any visible bruises on me... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Dec 9, 2019

Video your mother then email the video to your school counselor or to the Sheriff's Office

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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.

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