What is Domestic Violence in Louisiana?
In Louisiana, domestic abuse can be a felony or misdemeanor depending on the circumstances involved in the abuse and whether the defendant has prior convictions for the same charge. If you have previously been convicted of a domestic violence offense, a subsequent domestic violence offense may be charged as a felony.
To speak with a domestic violence defense attorney about your case, contact Dewey & Braud today!
There are many examples of people who falsely accuse others of domestic violence. In some cases, the truth only comes out after someone gets arrested for their claims, but this doesn't mean the charges will automatically be dropped. The state can proceed with the charges without the victim's cooperation, and each jurisdiction is different in their procedure in handling a victim’s "drop charge request." Some must be done in writing, others in open court, and sometimes a fee is charged to submit it.
Firearms & Domestic Violence Charges
Domestic abuse battery charges can have other long-term consequences. Federal law prohibits anyone convicted of misdemeanor domestic abuse violence from possessing a firearm. Louisiana State law prohibits possession of a firearm after conviction of certain grades of domestic abuse battery.
Protective Orders After Being Charged with Domestic Violence in LA
For most people accused of domestic violence, often the first thing to occur is a protective order is issued, which prohibits contact with the alleged victim. In order to protect the listed victims in these situations, judges are quick to sign court orders that put distance between defendants and victims, sometimes putting defendants out of their homes and possibly out of contact with their loved ones.
These orders are serious, and violating them could have negative impacts on your future. Rather than trying to navigate these challenges yourself, let a Baton Rouge domestic violence defense attorney represent you.
Our team can help you:
- Work with law enforcement to recover your belongings
- Petition for your release from a protective order
- Modify protective orders to allow for needed contact
- Tell your side of the story and fight the charges against you
Domestic violence charges can upend a person's life overnight. A mere accusation can result in a no-contact order or a temporary restraining order, making it difficult for the accused to carry on with their normal life. If convicted, penalties can include fines, jail time, and a revocation of your Second Amendment rights. At Dewey & Braud Law, LLC, a Baton Rouge domestic violence defense attorney can help you protect your freedom.
Experienced Criminal Defense Representation
With over 25 combined years of experience, Dewey & Braud Law, LLC, can help you navigate the law and get the best possible outcome for your situation. We have a reputation for helping our clients obtain favorable case resolutions by negotiating better charges or, in some cases, getting them dropped altogether. Find out how our criminal defense attorneys can help you during a free consultation.
FAQ: Domestic Violence Defense in Louisiana
Can You Sue for False Allegations of Domestic Violence?
Yes, if you are the target of false domestic abuse claims, you may have grounds to file a lawsuit for defamation or malicious prosecution against the person making the allegations. However, these cases can be complex, as you must prove that the allegations were knowingly false and made with malicious intent. It’s important to consult with an attorney who specializes in cases involving false domestic abuse allegations to explore your legal options.
What Should I Do if I Am Falsely Accused of Domestic Violence?
If you are falsely accused of domestic violence, it’s important to remain calm and take immediate steps to protect your rights. Avoid speaking to law enforcement without a lawyer present. Gather evidence, including messages, emails, or witness statements, that could refute the allegations. Comply with any protective orders issued, even if you believe they’re unfair, as violations can harm your case. Working with a skilled defense attorney can help you build a strong case to clear your name and fight the domestic violence charges in Louisiana.
Can I Counter Sue for False Domestic Violence Accusations?
Yes, in certain situations, you may be able to file a countersuit if you’ve been falsely accused of domestic violence. Counterclaims can range from defamation to intentional infliction of emotional distress. However, courts require evidence to show that the false domestic abuse allegations were made maliciously and caused significant harm to your reputation, finances, or emotional well-being. Speak with a knowledgeable attorney to determine if a countersuit is a viable option for your case.
What Are the Potential Consequences of a Domestic Abuse Charge in Louisiana?
A conviction for domestic violence charges in Louisiana can have serious consequences, including jail time, fines and court costs, mandatory counseling, or anger management programs. A criminal record could also impact employment opportunities, firearm rights, and personal relationships. The penalties vary depending on factors like prior convictions and the severity of the allegations, making it critical to seek legal counsel if you’ve been accused of domestic violence.
How Long Can a Protective Order Last in Louisiana?
Protective orders in Louisiana can last anywhere from a few weeks to several years, depending on the circumstances. Typically, a temporary restraining order (TRO) is issued first, lasting until a court hearing is held. During the hearing, a judge may issue a longer-term protective order that can last up to 18 months or more. Violating a protective order can result in additional legal consequences, so it’s crucial to understand the terms and seek legal help if you’re navigating a protective order tied to domestic violence charges in Louisiana.
What Rights Do I Have During an Investigation for Domestic Abuse Allegations?
If you are being investigated for domestic violence charges in Louisiana, you have the following rights:
- The right to remain silent and not incriminate yourself.
- The right to legal representation during questioning or any legal proceedings.
- The right to request evidence being used against you.
- The right to challenge any protective orders issued.
Ensuring your rights are protected is critical, especially when dealing with false domestic abuse claims. Consult with a defense attorney immediately to safeguard your interests.
What Should I Avoid Doing During a Domestic Abuse Allegation Case?
It’s essential to avoid actions that could jeopardize your defense if you’ve been accused of domestic violence, including:
- Violating protective orders, even unintentionally.
- Contacting the accuser directly or indirectly.
- Discussing the case on social media or with people outside your legal team.
- Ignoring legal notices or failing to appear in court.
Your behavior during the case can significantly impact the outcome, so work closely with your attorney and follow their guidance to avoid pitfalls.
If you’re dealing with false domestic abuse allegations or facing domestic violence charges in Louisiana, reach out to Dewey & Braud Law, LLC. Our experienced attorneys are here to help protect your rights and provide the defense you need.
Call (225) 953-8330 now to get started.
