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Louisiana Domestic Violence Questions & Answers
1 Answer | Asked in Family Law, Child Custody and Domestic Violence for Louisiana on
Q: What steps will I need to take if the father was abusive and there are police reports, messages, and pictures to prove

As well as the last incident while I was pregnant when I left and I am due in 5 months

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Oct 11, 2020

Get certified copies of the police reports, print all the photos and messages then hire a family lawyer.

1 Answer | Asked in Divorce and Domestic Violence for Louisiana on
Q: Abusive spouse refuses to sign unless I give in to his abusive demands. I've been diagnosed with PTSD from his abuse.

I left 2 1/2 yrs ago after several years of abuse and adulrty all I can prove. I recently filed and sent them certified mail with return receipt (he lives in MO I'm in LA) he has texted me with pics showing he has papers with demands I give into his sexual and mental abuse or he refuses to... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Oct 5, 2020

Hire a lawyer!!! Print all proof of abuse or harassment.

1 Answer | Asked in Domestic Violence and Federal Crimes for Louisiana on
Q: If my bf was on probation and got charged with domestic battery but I don't want to send him to jail will he go
Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Aug 26, 2020

Call the D.A.'s office and ask for a drop charge form

1 Answer | Asked in Child Custody, Child Support, Domestic Violence and Family Law for Louisiana on
Q: I have a 9 year old son, and his father wants court for custody and upset that I put him in child support.

my son has been in my husband and my care for 9 years as he is 9 and will be 10 in 2 months. I decided to put the father on child supp as I feel we make an agreement the biological father can not keep when i ask for help or to get him home for school the next day. I been keeping my son home with me... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Aug 26, 2020

It sounds like you may need a divorce and custody judgment. Hire a divonce lawyer.

If you give him visitation before you get a custody judgment, he doesn't have to return him.

1 Answer | Asked in Domestic Violence for Louisiana on
Q: My ex boyfriend was out on bond for domestic abuse by strangulation. He is now incarcerated for Domestic abuse battery.

This domestic abuse battery charge is from beating me up. He goes to first appearance today and I am curious if he will be able to bond out? Does the Gwens law come into play on for this matter?

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Aug 22, 2020

Gwen's law will keep him in custody.

1 Answer | Asked in Criminal Law and Domestic Violence for Louisiana on
Q: In Louisiana, who do I talk to about recanting my statement?

My partner was arrested for domestic abuse battery - strangulation against me but he is being wrongfully indicted. I never meant for my statement to sound like he strangled me or made it difficult for me to breathe. These are serious accusations and I want them to know the truth.

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Aug 21, 2020

Sign an Affidaviy with his defense attorney. Then call the D.A.'s office and tell them you want a drop charge form.

1 Answer | Asked in Domestic Violence, Family Law, Divorce and Child Custody for Louisiana on
Q: Can a wife get the locks change of domestic Islands happened between her and her husband in Louisiana
Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Jul 28, 2020

If the home is community property or rented in both names, then she can file a Protective Order and ask for exclusive use of the home and change the locks.

1 Answer | Asked in Domestic Violence for Louisiana on
Q: my friend is in an abusive household and pregnant. can she leave if shes 17? in louisiana
Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Jul 28, 2020

No she is a minor. But if it is physically abusive, you can call 911.

2 Answers | Asked in Domestic Violence for Louisiana on
Q: Will there be a bench warrant for me missing my court date on a stay away order that an officer filled out?

On my Summons/ Stay Away Order that I recieved states that I (the victim) was ordered to appear in court but misread the date and missed it. Could I be arrested?

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

No you won't be arrested. But contact the District Attorney's Office.

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2 Answers | Asked in Domestic Violence for Louisiana on
Q: What if someone is arrested for domestic abuse battery with child present but the victim doesn't want to press charges?

I was recently battered by my ex outside of my home. What started off as a small disagreement quickly turned into a heated argument which escalated to him putting his hands on me. Just as soon as he stopped we heard our son who was asleep inside waking up. Now by this time my ex was tending to him.... Read more »

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

The state will not drop the charge. You risk losing your child if you take him back. Child Protective Services will open a Child in Need of Care case.

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1 Answer | Asked in Domestic Violence and Family Law for Louisiana on
Q: Husband serving time for dom.abuse & child endangerment. When released can he return home without my permission?

The police said there was a protective order but how long is this good for? I want a divorce and dont want him back but considering we are married how does it work? He has nobody and I know he will try to come here 1st chance he gets

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Jul 17, 2020

Look at the date on the protective order to see how long it is good. If you want a divorce and exclusive use of the house, hire a divorce attorney. If he shows up before the protective order expires, call the police.

2 Answers | Asked in Domestic Violence for Louisiana on
Q: My husband was arrested for drug charges which were no billed but while in Parish an old domestic battery charge came up

Am i required to show up for court for the charges to go thru? I was never told to and Im trying to run from hm and get away safely

Stephen Rue
Stephen Rue answered on Jun 26, 2020

Call and talk to the DA’s office.

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2 Answers | Asked in Domestic Violence for Louisiana on
Q: Boyfriend was charged with domestic abuse child endangerment by another women she is trying to drop charges can she?

Also trying to contact him thru his son while he is incarcerated is that okay?

Stephen Rue
Stephen Rue answered on Jun 13, 2020

No lawyer can answer question without seeing all of the facts. Many District Attorney offices prosecute regardless of position of alleged victim.

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1 Answer | Asked in Domestic Violence for Louisiana on
Q: military son Got into a domestic dispute with his wife

my 19-year-old military son and his wife got into an altercation on yesterday. His wife called his sergeant in hopes that he could talk to my son and maybe separate them for a night or two. she said that she had been up all night and hadn't eaten or slept And told that to the sergeant. she... Read more »

Stephen Rue
Stephen Rue answered on Jun 13, 2020

What parish in Louisiana did this occur in? We need more Specific information to assist him.

1 Answer | Asked in Criminal Law and Domestic Violence for Louisiana on
Q: Can a case be reopened when the accused suspect have already taken a deal?

I was incarcerated on July 13, 2018, because a girl that I was messing around with accuse me of strangling her. The same year January 5, 2018 I was involved in a accident in which my right hand (Fingers only) was injured badly. I had to have surgery on it January 11, 2018. During surgery my... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Jun 8, 2020

Wht would you take a deal in July 2018, do time and not raise this as a defense until Jun 2020? You can appeal for new evidence. This is old evidence. Tou can also appeal for incompetent representation. But why wait so long?

1 Answer | Asked in Domestic Violence for Louisiana on
Q: What happened if I don’t show up for a court for a restraining order that I ordered?

Will I be penalized?

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Jun 8, 2020

If the complainant doesn't show up,it will likely be dismissed.

1 Answer | Asked in Domestic Violence for Louisiana on
Q: Could my boyfriends felony domestic abuse charges be dropped or reduced?

About 2 years ago my boyfriend & I got into a fight, and my mother called the cops. I was pregnant and in the moment and because things were so hectic, my memory of the event was affected and now i remember it a lot differently than I had previously written in my statement to police. I wasn’t... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on May 28, 2020

You need to fill out a drop charge form with the Disteict Attorney.

1 Answer | Asked in Domestic Violence for Louisiana on
Q: Me and my boyfriend got into an argument, nothing physical. I was charged with domestic abuse agg. Assault

Knife was on site not in my possession. Can he write an affidavit to drop charges?

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on May 27, 2020

Yes but the D.A. still makes the decision.

1 Answer | Asked in Domestic Violence for Louisiana on
Q: I pressed charges on my boyfriend 3 years ago. he was charged w/ domestic violence. Can I have those charges dropped now

It happened in 2017. I wanted to drop the charges but was afraid and now I regret everything. I really want all this to be dropped so he can get a good job

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on May 4, 2020

Contact the District Attorney's Office. But it may be a done deal.

1 Answer | Asked in Domestic Violence for Louisiana on
Q: Should I call police to document my wife falsely accusing me of domestic violence?

She was drunk and grabbed me, I removed her arm from around my neck I have video of her approaching and grabbing my phone as well as her being drunk this morning. So she’s lying saying I assaulted her bc her arm has a slight mark. I want it to be documented but I’m scared bc I don’t know the law

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on May 2, 2020

No don't call the police. But email the video and photos to someone so if she files a complaint, she can't delete it from your phone and if the police seize your phone, your attorney can have access to it. Then call an attorney if you don't want to remain married to a drunk.

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