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Louisiana Domestic Violence Questions & Answers
1 Answer | Asked in Domestic Violence for Louisiana on
Q: My husband put his hands on me last night & i am going to the police today. Will they make him leave our home? He refuse

I have been a victim of domestic violence for the 17yrs I've been married. Now I do not mean I was hit every day but about once a year my husband gets very violent with me and in front of our 2 kids. About 4-5 yrs ago it was really bad and I called the police but did not press charges,he was... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Jan 23, 2022

Hire a divorce lawyer to file for divorce, custody, child support and spousal support before the state takes your kids.

2 Answers | Asked in Criminal Law and Domestic Violence for Louisiana on
Q: The mother of my husband's other 2 children admitted to setting him up so that she could press domestic battery charges.

She admitted to setting him up so she could press the charges on him out of revenge for us being together. He was charged with domestic abuse by strangulation and child endangerment. A restraining order was issued on him. She has been harrasing him since the day he got out of jail. 200-300 messages... Read more »

Randy Bryan Ligh
Randy Bryan Ligh answered on Jan 14, 2022

Your husband have an attorney? If not, he should immediately retain an attorney on the criminal matter, as well as potentially look at revising whatever current order exists re: his other 2 children,.

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1 Answer | Asked in Domestic Violence for Louisiana on
Q: How long from arrest to trail in a domestic abuse battery case in Louisiana?

My girlfriend was arrested two days ago and a bind set at $5,000. I cant make her bail and was wondering how long she will have to sit in jail before she is released. She was defending herself.

Randy Bryan Ligh
Randy Bryan Ligh answered on Jan 14, 2022

If you want her out, then you should try to make bail-----borrow the money from a friend or friends and whatever amount you have, let the court know and see if the bond can be reduced to that amount to allow you to bond her out. Of course, depending on the circumstances, you might be the victim in... Read more »

1 Answer | Asked in Domestic Violence for Louisiana on
Q: Can a victim drop domestic violence charges and suggest leniency for spouse to get lesser charge?

The charge is domestic violence battery with a deadly weapon. The wife strikes the husband first but the wife called the police to report the altercation. Now she wants to drop the charges and suggest anger management classes for the spouse.

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Jan 6, 2022

She can't drop it. But she can testify as to her preference.

1 Answer | Asked in Family Law, Child Custody, Child Support and Domestic Violence for Louisiana on
Q: I'm from houma, la. Moved me and 2 of my children here due to domestic violence and losing everything from hurricane Ida

I have custodial custody of all my children. Am I allowed to open a custody case here. Or do I have to go back south

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Jan 6, 2022

A custody lawyer can file for relocation for you.

2 Answers | Asked in Domestic Violence for Louisiana on
Q: Hello, I would like to know more information about a case I am dealing with. I have a court date on January 4, 2022

I’m looking for someone to help me with this matter. I have to attend court for a restraining order put on me. There are some issues I need help with and information I would like to get some opinions and answers too.

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Dec 29, 2021

Justia is not a lawyer referral service. Call a family law attorney.

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1 Answer | Asked in Domestic Violence for Louisiana on
Q: If I am the victim of a domestic charge, domestic abuse with strangulation & child endangerment

If I file a drop chargers affidavit, can CPS be called on me since I’m dropping the chargers? My mother was the one to call the cops, I refused to write a statement at first but ended up doing it bc they were booking him anyway. They took pictures because there was bruising and bleeding on my... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Dec 11, 2021

Stay far away from him or your kids will end up in foster care.

1 Answer | Asked in Domestic Violence for Louisiana on
Q: I have court 12/10/21 test results from covid came back 12/09/21 positive for COVID-19. What do I do now?

Do I attend court or not. Time is something I don't have but also do not want to have a warrant for my arrest either. So do I attend court knowing I test positive for covid 19 or not?

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Dec 10, 2021

STAY THE HELL OUT OF THE COURTHOUSE!!! Send someone vaccinated and boosted with a copy of your results to court.

1 Answer | Asked in Criminal Law and Domestic Violence for Louisiana on
Q: Can a defense attorney contact victim to drop protective order against his client, via text message or phone???
Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Nov 1, 2021

This is specific legal advice. If you are the victim, contact the DA. If you are the defendant, your attorney should tell you no.

1 Answer | Asked in Family Law and Domestic Violence for Louisiana on
Q: Can you go to jail for dropping charges against someone

My daughter’s biological father ask me to drop charges so he could get custody of his other kids

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Oct 14, 2021

If you fill out a drop charge form you should be OK. If at any time you say you were not telling the truth, then you have committed a crime.

1 Answer | Asked in Family Law and Domestic Violence for Louisiana on
Q: I just got a tpo on my ex. What happens if he doesn't get served and still harasses

I'm in Louisiana, he's in Georgia.

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Oct 7, 2021

You can get a private process server.

1 Answer | Asked in Criminal Law and Domestic Violence for Louisiana on
Q: Me and my boyfriend got into a fight and he got in my face and said some very nasty things and hit him.Will I go to jail

My boyfriend was screaming at me in my face while I was holding our 3 month old baby and I kept telling him to back up and get out my face but he wouldn't so I slapped him with my child in my arms. As soon as I did that I did lay my child down in her bed because even after that he still didnt... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Sep 26, 2021

Hire an attorney. Move. I think you will be charged.

1 Answer | Asked in Criminal Law, Domestic Violence and Federal Crimes for Louisiana on
Q: My boyfriend has a criminal attorney already and he and I wanna get married and the state of Louisiana

Has a criminal protective order put out on him on my behalf is it possible to get a peace bond so we can marry each other

Alexander Ivakhnenko
Alexander Ivakhnenko answered on Sep 21, 2021

Even generally, unless that Order of Protection is removed then technically that groom does not have any legal right to make any proximal physical contact with you, let alone marrying you, per terms and conditions of that order.

Have his attorney provide a better way to handle that correctly.

1 Answer | Asked in Criminal Law and Domestic Violence for Louisiana on
Q: My boyfriend has a criminal protective order from the state of Louisiana can I have a peace bond put in place

I want to marry him and we have a child together and with the order in place we can't be around each other

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Aug 21, 2021

He needs a criminal attorney.

1 Answer | Asked in Domestic Violence for Louisiana on
Q: What to do in the event a case was filed against me under false accusation of domestic violence?

How best to go about proving my innocence after a rule has been established in court?

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Aug 20, 2021

You hire a lawyer experienced in both criminal and custody law

1 Answer | Asked in Family Law, Child Custody and Domestic Violence for Louisiana on
Q: I am 17, and I think I am going through domestic violence, what should I do?

I have been pulled by the hair and had my head slammed against the wall. I was beaten multiple times so one day I decided to runaway and ever since I ran away they haven't really put there hands on me but I get hurt emotionally a lot but I do not like showing it. What do I do and what happens... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Aug 19, 2021

You can call 911 and go into foster care and your relatives will have to go to court or you can put up with it until you turn 18

2 Answers | Asked in Domestic Violence for Louisiana on
Q: State is charging fiance with domestic abuse battery/child endangerment but there was no abuse what do we do?

My fiance called the police and they ended up arresting him for domestic abuse battery/child endangerment. I refused the statement and made it clear that he was not violent this time nor has he ever been, when I talked to the DA I stated the same thing and made it clear I did not want a protective... Read more »

Randy Bryan Ligh
Randy Bryan Ligh answered on Aug 16, 2021

I would recommend that you (or your fiance) hire a criminal defense attorney to represent him in this matter and advise how to best proceed forward. Good luck.

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1 Answer | Asked in Personal Injury and Domestic Violence for Louisiana on
Q: How do I sue someone who hit me with a weapon and caused bodily harm
Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Aug 14, 2021

File a claim with your justice of the peace.

1 Answer | Asked in Domestic Violence for Louisiana on
Q: How long do it take to be convicted of a crime?

you have about four charges over your head never been convicted of none ran concurrent, did treatment,most affidavit was signed charges was dropped so what else can I do will they try to railroad me can I get time or probation, or they just trying to convict me of something?? no witness or willing... Read more »

William Jaksa
William Jaksa answered on Aug 9, 2021

It sounds like they might be trying to get as much as possible up front, perhaps even agreements from you, that they know they won't get at trial. Figure out what you are willing to do up front in hopes of having the charges dropped and don't let them push you past that point. Set it for... Read more »

1 Answer | Asked in Domestic Violence for Louisiana on
Q: What do I do in a situation where the Domestic Abuse is more Mental?

On the daily, I get called things like Filthy trash, horrible wife. He has me isolated. He now has some of my own Family turn against me. Keeps me home with no ride, no money, no phone. I'm at home everyday with my kids, while he's out and about living his life. I feel like he pushes... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Aug 8, 2021

Get a job, start stashing money, get an apartment, move out and file for divorce. Under Louisiana law, verbal abuse is only domestic abuse if he threatens physical violence. Without a threat, it is just being nasty.

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