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Louisiana Domestic Violence Questions & Answers
1 Answer | Asked in Domestic Violence for Louisiana on
Q: If a domestic violence victim does not show up to court do the charges get dropped
Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Apr 3, 2022

It may be unless the DA has photos, signed statement and cops appear in court

2 Answers | Asked in Domestic Violence for Louisiana on
Q: what is meant by first offense?

confused on an issue of meaning of first offense. is this the first time you were charged with this crime or first time ever charged with a crime?

Randy Bryan Ligh
Randy Bryan Ligh
answered on Apr 1, 2022

Depends on context. There are many criminal statutes that one can be arrested on a first offense, second offense, etc., so it is not first time ever charged with a crime, but a particular offense. From a prosecutorial standpoint, one can be charged with a first offense crime multiple times and... View More

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2 Answers | Asked in Domestic Violence for Louisiana on
Q: I called the police on my boyfriend 2 days ago for domestic abuse. How long do i have before the charges cannot be drop

He was charged with a felony for domestic abuse. If i drop the charges will he still do jail time

Randy Bryan Ligh
Randy Bryan Ligh
answered on Mar 19, 2022

If it is felony domestic abuse and he was taken into custody, then there is most likely a required cooling off period --jail time---involved before he can bond out of jail. After that, whether or not he is charged in criminal court with formal charges and what happens to the charges depends on the... View More

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1 Answer | Asked in Domestic Violence for Louisiana on
Q: By Louisiana being an open carry state of Im on probation for domestic violence can I carry?
Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Mar 9, 2022

Absolutely NOT. That would be a FEDERAL offense.

2 Answers | Asked in Domestic Violence for Louisiana on
Q: I have only 1 thing on my record. Domestic abuse battery 9 years ago misdemeanor. Is there anyway I can take that off?

Like expunged r sum because it's still showing up on jobs

Randy Bryan Ligh
Randy Bryan Ligh
answered on Mar 9, 2022

What was the disposition of the misdemeanor? A conviction? If it was a conviction, then if you are going to be successful in getting this off of your record, you will need an attorney to represent you and assert your reasons on your behalf---contact a criminal defense attorney in the jurisdiction... View More

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1 Answer | Asked in Domestic Violence for Louisiana on
Q: In a domestic strangulation. Is it labeled " state vs. John Doe" if the victim is the one that presses charges?

Just wanting to know what the letter didnt say " Jane Doe vs. John Doe. Instead it said " the state vs. John Doe.

Randy Bryan Ligh
Randy Bryan Ligh
answered on Mar 9, 2022

In a criminal matter (as opposed to a civil matter), it's "state" or "city" or "united states" because the prosecuting authority is the government agency and not the accuser.

1 Answer | Asked in Domestic Violence for Louisiana on
Q: My boyfriend was charged with domestic battery.

He was charged 6 years ago with battery, I had them dropped he received a misdemeanor, and community service with a fine. 2 days ago he hit me, and the sheriff's were called out. He fled before they came. He now has a warrant for his arrest. How can I have this warrant recalled, or... View More

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Mar 5, 2022

You dont get to decide what his punishment or treatment is once you call the police; the District Attorney decides.

1 Answer | Asked in Criminal Law and Domestic Violence for Louisiana on
Q: I'm a victim DV case and also filed a report for violating the P.O. they dismissed the case without contacting me

The perpetrator punched me repeatedly in the head and broke his hand and then continued to punch me with the bone protruding out of the hand. With his 9yr old present DV battery and DV child endangerment. He also violated the protective order which I filed a report on that as well and turned it in... View More

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Mar 1, 2022

What is the question?

1 Answer | Asked in Domestic Violence for Louisiana on
Q: Can charges be dropped on a domestic abuse charge...im the victim
Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Feb 20, 2022

You can go to the DA's office and sign a drop charge form.

1 Answer | Asked in Criminal Law and Domestic Violence for Louisiana on
Q: I filed for a protective order against my cousin. I’m scared to now be in sane court room with him. How can I avoid this

My cousin has been telling people that he’s going to kill me my fiancé my kids then himself. He believes I’m a prostitute which I am not. He says if I lie to him he’s going to kill me. He’s gone into detail to others. I have him on recording. I put a protective order against him but now I... View More

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Feb 17, 2022

Request the hearing by zoom.

1 Answer | Asked in Constitutional Law, Criminal Law and Domestic Violence for Louisiana on
Q: How do I go about bringing a civil case against someone that was the alleged victim in the criminal case against me?

My fiance was living with her mother when they got into a domestic squabble. To make Understanding this easier Brandi---->Fiance.......... Sarah--------->Mother. The fight happened at their home But Sarah called an ambulance cause she said brandi Hit her and broke her leg so Sarah went to the... View More

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Feb 2, 2022

Huge mistake pleading to these charges. Hire a criminal attorney who also does plaintiff personal injury.

1 Answer | Asked in Domestic Violence for Louisiana on
Q: In the state of Louisiana. My 14 yr old son was involved in a domestic abuse incident with his stepfather who is 36 yrs

Is it my responsibility to press charges as his father since he is a minor? Or does my 14 yr old son have to press the charges? I was told my 14yr old son had to press the charges which doesn't seem right to me

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Jan 29, 2022

You both need to go to the Sheriff's office and file a criminal complaint. If not, your son could go into foster care.

1 Answer | Asked in Domestic Violence for Louisiana on
Q: What are the chances that the charges can be dropped for battery of a dating partner by strangulation?

I’ve already filed the dismissal of charges form with the DA’s office.

Randy Bryan Ligh
Randy Bryan Ligh
answered on Jan 28, 2022

The prosecutor/District Attorney will make the final decision on whether or not to pursue the matter, however, the best thing which can be done is for the dating partner to retain and attorney and begin preparing the defense of the case, including mitigation or mitigating factors in favor or a... View More

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... View 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... View 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... View 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... View 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.

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