Louisiana Domestic Violence Legal Questions

There are a number of charges which could be brought against her based on the details you provided, all of which are felonies. Since she used a knife, which is considered a dangerous weapon, and depending on the relationship between the victim and the aggressor, the district attorney has the option to charge her with any of the following: 1) aggravated battery, which carries imprisonment of up to 10 years and/or a fine of up to five thousand dollars; 2) aggravated second-degree battery, if it is determined that she caused serious bodily injury, which carries up to 15 years in prison and/or fine of up to ten-thousand dollars; and/or 3) domestic abuse aggravated assault which carries a possible sentence of imprisonment between one and five years and a fine of up to five thousand dollars. This list is not all-encompassing and other charges could be brought depending upon the circumstances surrounding the crime. With domestic abuse charges, if she has bonded out of jail on the charge, a term of her bond is to stay away from the victim. But if you believe that she still remains a threat, I would strongly suggest that a civil temporary restraining order be filed so that she is required to stay away. With a TRO, the judge has to consider all the facts alleged to be true and, if they find that there is a factual basis for her being a threat to his safety, they will issue the TRO for a period of around 30 days. Because of this, it is very important that the facts alleged in the TRO petition be very specific regarding what she did and how she still poses a threat to his safety. Once the TRO petition is filed, whether or not the TRO is issued, a hearing for a protective order will be set to determine if a protective order should issue for a longer period. If you would like assistance obtaining a temporary restraining order and protective order hearing, please give my office a call at (337)237-0492 so that we can set up a free consultation. ... Read More

There are a number of charges which could be brought against him based on the details you provided, all of which are felonies. Since he used a knife, which is considered a dangerous weapon, and depending on the relationship between the victim and the aggressor, the district attorney has the option to charge him with any of the following: 1) aggravated battery, which carries imprisonment of up to 10 years and/or a fine of up to five thousand dollars; 2) aggravated second-degree battery, if he caused serious bodily injury, which carries up to 15 years in prison and/or fine of up to ten-thousand dollars; and/or 3) domestic abuse aggravated assault which carries a possible sentence of imprisonment between one and five years and a fine of up to five thousand dollars.  This list is not all-encompassing and other charges could be brought depending upon the circumstances surrounding the crime.  ... Read More

If he plead or was found guilty of the charge of "domestic abuse battery," as well as specific battery offenses against a dating partner, Louisiana Revised Statute § 14:95.10 would prohibit him from possessing firearms for a period of ten years after the completion of his sentence, probation, and/or parole. Furthermore, federal law also prohibits the purchase and possession of firearms and ammunition by certain convicted domestic abusers. With his probation only just completed in 2018, he would be precluded from owning or possessing a firearm until 2028 at the earliest. Violation of that statute could result in him being imprisoned with or without hard labor for between one and five years and be fined between five hundred dollars and one thousand dollars.  ... Read More

Will need a little more information to provide you with a specific answer. How is the relative related to the minor child? Is it the grandparent on the mother's side? When did the violence occur? What happened? Were the police called? Generally, documented acts of violence or reoccuring violent tendencies may be grounds for a court to deny visitation. But in some cases, depending on the facts, the Courts have granted limited visitation under supervision. ... Read More

Louisiana is a one-party consent state to recording conversations. This means that in Louisiana, you are legally allowed to record a conversation if you are a contributor to the recording. There is not even a necessity that you make a statement asking for their consent to record. All that is required is that you are a party to the recording and can be heard on the tape. Recordings of conversations that you are a part of are also admissible as evidence in civil and criminal proceedings so long as the recording meets certain criteria: (1) That the recording device was capable of taking the conversation now offered in evidence; (2) That the operator of the device was competent to operate the device; (3) That the recording is authentic and correct; (4) That changes, additions or deletions have not been made in the recording; (5) That the recording had been preserved in a manner that is shown to the court; (6) That the speakers are identified; and (7) That the conversation elicited was made voluntarily and in good faith, without any kind of inducement. Though I do not know the specifics of the restraining order you have in place, threats made to a protected party are a violation of the protective order and in most Louisiana courts it is common for the order to state that the retrained party be prohibited from making harassing phone calls. Recordings of those threats can very likely result in the Court finding that they are in violation of the restraining order.... Read More