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Louisiana Domestic Violence Questions & Answers

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 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 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 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 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 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 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 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 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 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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2 Answers | Asked in Domestic Violence and Family Law for Louisiana on

Q: Can a family court judge order force a couple to end there relationship?

Ellen Cronin Badeaux answered on Jan 22, 2019

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.

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1 Answer | Asked in Domestic Violence for Louisiana on

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

I said I hate it here 3 times then I said do I have to pull a Chris beniot to get a little pease?

Ellen Cronin Badeaux answered on Jan 22, 2019

A Protective Order will likely be entered against you with supervised visitation of an children.

1 Answer | Asked in Domestic Violence for Louisiana on

Q: In Louisiana do I have to testify against my spouse in a domestic abuse case?

Ellen Cronin Badeaux answered on Jan 9, 2019

You have to show up. Spousal privilege protects speech, not actions.

1 Answer | Asked in Domestic Violence for Louisiana on

Q: Me and my husband got into a fight and are both charged with domestic abuse and I was wondering how to remove it

There is a restraining order given by judge and we need to remove it before court date because we have a child and need to be together

Ellen Cronin Badeaux answered on Jan 1, 2019

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.

1 Answer | Asked in Domestic Violence, Family Law and Child Custody for Louisiana on

Q: If I am currently separated from my abusive husband and want to move out of state with our child can I?

No court papers have ever been filled we been separated since April and I want to move with my brother and his wife to new mexico. My brothers in the air Force

Ellen Cronin Badeaux answered on Nov 20, 2018

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.

1 Answer | Asked in Criminal Law and Domestic Violence for Louisiana on

Q: how Much time does someone get for domestic abuse charge, Dom child endangerment, violation of probation, vio of protect

He has a pretty long rap sheet including armed robbery, 2 possession of drug charges and is going to court for 3rd drug possession charge. I am wondering how much jail time he’s looking at?

Ellen Cronin Badeaux answered on Oct 17, 2018

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.

1 Answer | Asked in Domestic Violence for Louisiana on

Q: If i do not show to court will the temp restraining order be dismissed?

Ellen Cronin Badeaux answered on Oct 17, 2018

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.

1 Answer | Asked in Domestic Violence for Louisiana on

Q: If ordered to pay restitution but time served do restitution still has to be paid.

Ellen Cronin Badeaux answered on Oct 16, 2018

Yes restitution still has to be paid or you can be violated.

1 Answer | Asked in Domestic Violence and Family Law for Louisiana on

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?!

I would like to know if I have a chance fighting. I didn't do anything, but I'm being punished. If they were trying to protect them from him, why are they not home?

Ellen Cronin Badeaux answered on Oct 6, 2018

DCFS case against you is that you did not protect your children from your ex. Hire a Juvenile Court lawyer.

2 Answers | Asked in Divorce, Civil Rights and Domestic Violence for Louisiana on

Q: In Louisiana, I'm seperated for 3 months, trying to buy a house to put a roof over kids head. (Currently staying w pare

Abusive marriage, have need to get kids into a home, 365 day rule here for divorce involving kids, found a house and under contract, but didnt know they'd have to use his credit, even tho were seperated, was told by loan company to have him sign a separation of property agreement, which i thought... Read more »

Ellen Cronin Badeaux answered on Sep 30, 2018

Way too many questions to answer on a website. Hire a divorce attorney or you are going to get whopped.

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