Louisiana Domestic Violence Questions & Answers

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

1 Answer | Asked in Criminal Law, Family Law, Child Custody and Domestic Violence for Louisiana on
Answered on Mar 26, 2019
Douglas Lee Bryan's answer
That is a question best asked of the assistant DA or victim's assistance coordinator with the DA's office.

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

1 Answer | Asked in Domestic Violence for Louisiana on
Answered on Mar 13, 2019
Ellen Cronin Badeaux's answer
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.

Q: How likely will my Uncle's 3rd offense domestic violence case be dropped ?

1 Answer | Asked in Criminal Law and Domestic Violence for Louisiana on
Answered on Mar 3, 2019
Ellen Cronin Badeaux's answer
Your uncle needs a criminal defense attorney. This is too complicated to answer on a website

Q: my boyfriend got domestic abuse battery but this is his second sense

1 Answer | Asked in Domestic Violence for Louisiana on
Answered on Feb 20, 2019
Ellen Cronin Badeaux's answer
I guess you are trying to say second offense. Don't know what the question is.

Q: I live in Chalmette, Louisiana..and I need some assistance. I was the caretaker to my elderly parents age 82 and 87

1 Answer | Asked in Family Law and Domestic Violence for Louisiana on
Answered on Feb 9, 2019
Ellen Cronin Badeaux's answer
You can hire an attorney to seek interdiction of your parents.

Q: What happens if the felon exceeds the statute of limitations on the domestic battery and or concealed weapon charge

1 Answer | Asked in Criminal Law and Domestic Violence for Louisiana on
Answered on Feb 7, 2019
Ellen Cronin Badeaux's answer
Warrant does not go away just because arrest is avoided.

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.

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