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Louisiana Domestic Violence Questions & Answers
1 Answer | Asked in Domestic Violence for Louisiana on
Q: My fiancé is being held and neither one of us called the police. I don’t wish to have any charges brought up against him

What can I do? No bond is being set they’re saying I have to wait until Gwen’s law case is presented? And I’m unsure about what that is

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

He's being held without bond because he has been charged with domestic violence. Hire a criminal attorney for him.

1 Answer | Asked in Criminal Law and Domestic Violence for Louisiana on
Q: Defendant has a no contact order signed by judge. Can I message the defendant even though he can't reply? Or no?
Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Mar 21, 2020

You can. But he can't. However your reaching out to him can be used to show you are not afraid of him or are baiting him

So don't.

2 Answers | Asked in Domestic Violence for Louisiana on
Q: What happens if the victim violates the protective order in the State of Louisiana?
Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Mar 12, 2020

Nothing. The victim's activities are not restrained.

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1 Answer | Asked in Domestic Violence and Criminal Law for Louisiana on
Q: What can I do when husband is threatening my life?

For 3 months He has emailed, text, called from spoof #s (even local sheriff #, now started threatening my 20yo son, online post and photos of me, tells me if I don’t do ask he says he will keep smearing me online, post more photos of a old job (yes legal but in adult industry) And post videos of... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Mar 7, 2020

First, print everything you have.

Second, hire a private investigator to get the goods on him

Third, hire a divorce attorney.

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... 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.

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