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Louisiana Domestic Violence Questions & Answers
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
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
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
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
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
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
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
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
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
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
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
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
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
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
Ellen Cronin Badeaux answered on Mar 10, 2019

Change the locks when the person goes out.

1 Answer | Asked in Criminal Law and Domestic Violence for Louisiana on
Q: How likely will my Uncle's 3rd offense domestic violence case be dropped ?

In the past he was married to a woman that put false charges on him he only pleaded guilty so he could get back to his son. Now years later him &his girlfrnd went on a date and had a lot to drink that night they got into a confrontation and her mom made her file a police report she didn't want to... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Mar 3, 2019

Your uncle needs a criminal defense attorney. This is too complicated to answer on a website

1 Answer | Asked in Criminal Law, Domestic Violence and Sexual Harassment for Louisiana on
Q: attempted sexual assault by 17 year old. Victim was 15 at the time. Can 17 year old be charged after 3 years?

Parents just found out. Three years later. 15 year old almost forced to do oral and was pushed to floor and she fought her way out and ran home. 15 year old was told by the 17 year old the mom wanted to see her and ask her a question. The mom was not home. We live in Louisiana. Can this person be... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Feb 25, 2019

It has not.prescribed and 17 yr old can still be charged.

1 Answer | Asked in Domestic Violence for Louisiana on
Q: my boyfriend got domestic abuse battery but this is his second sense

what new laws for tgat

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

I guess you are trying to say second offense. Don't know what the question is.

1 Answer | Asked in Family Law and Domestic Violence for Louisiana on
Q: I live in Chalmette, Louisiana..and I need some assistance. I was the caretaker to my elderly parents age 82 and 87

My parents own the home, the locks were changed and I do not have access to my home...so now I am homeless and I want to see my mom...but my step brothers are using intimidation to keep me from seeing my mom. One step brother who is an ex con and is currently on probation, his wife assaulted me in... Read more »

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

You can hire an attorney to seek interdiction of your parents.

1 Answer | Asked in Criminal Law and Domestic Violence for Louisiana on
Q: What happens if the felon exceeds the statute of limitations on the domestic battery and or concealed weapon charge
Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Feb 7, 2019

Warrant does not go away just because arrest is avoided.

2 Answers | Asked in Criminal Law and Domestic Violence for Louisiana on
Q: Is there a difference between second degree battery and aggravated second degree battery ?

Does article 890.3 have any impact on second degree battery?

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Jan 23, 2019

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

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