Louisiana Domestic Violence Laws

Domestic violence laws in Louisiana define abuse as intentional physical, sexual, or psychological harm inflicted by a household member, partner, or family member. The state implements strict penalties for these crimes, including mandatory arrest protocols and increased punishments for repeated offenses. 

Domestic violence laws in Louisiana encompass various criminal activities committed against household members, current or former spouses, or dating partners. These state laws address various types of domestic abuse, from physical violence to harassment and stalking.

If you or your family member are experiencing domestic violence, help is available through various resources.

In life-threatening situations, immediately dial 911. Once your safety is secured, you can consult with a domestic violence attorney who can help you obtain legal protections available under Louisiana law.

This article offers an overview of Louisiana's domestic violence laws and the penalties and fines for this criminal charge.

Understanding Louisiana Domestic Violence Laws

Louisiana state law has various provisions designed to address domestic abuse. The state recognizes that domestic violence not only happens in the form of physical abuse, but it can also manifest as patterns of power and control over the victim.

Key Elements of Domestic Violence Laws

Under the Louisiana Revised Statute, domestic abuse includes intentional use of force or violence. This type of abuse is often committed by one member of the household against another. The state recognizes several domestic offenses, including:

The table below outlines important definitions related to Louisiana domestic violence laws.

Definition of "domestic abuse"

Louisiana Revised Statute broadly defines domestic abuse as:

  • Physical abuse
  • Sexual abuse
  • Any offense against the person, physical or non-physical (except negligent injury and defamation)

committed by one family member, household member, or dating partner against another.

This can include:

  • Assault and battery
  • Elder abuse
  • Kidnapping
  • Stalking (including cyber stalking)
  • Criminal harassment
  • Violation of protective orders

Definition of "family members"

Louisiana law protects a wide range of relationships. The law defines family members to include the following:

  • Married couples and former spouses
  • Parents and children
  • Stepparents and stepchildren
  • Foster parents and foster children
  • Other ascendants and descendants
  • The other parent or foster parent of any child or foster child of the offender

Definition of "household members"

  • Current or former residents sharing the same home who were in a sexual or intimate relationship
  • Children who are currently living or previously lived in the same residence as the offender

 

Mandatory Arrests

Louisiana has implemented protocols that law enforcement authorities should follow when responding to domestic violence calls.

If a police officer has reason to believe domestic abuse has occurred and the abuser is in violation of a protective order, they must arrest that person when they respond to the call.

If there is no protective order already in place, police must "use all reasonable means to prevent further abuse." This can include:

  • Making an arrest
  • Help the victim get medical treatment
  • Inform the victim of their ability to press charges, file a civil suit, or obtain a protective order

Arrests can be made with or without a warrant.

Graduated Penalty System in Louisiana

The state uses a tiered approach to penalties for domestic abuse battery. The fines and penalties increase if the offender has prior convictions.

Charge

Prison Terms and Fines

First Offense

 
  • 30 days to 6 months
  • At least 48 hours of the prison sentence is without the benefit of parole
  • $300 to $1,000 fine
  • Complete a court-monitored domestic abuse intervention program
  • Confiscation of firearm throughout the sentence

Second Offense

  • 60 days to 1 year of prison sentence
  • At least 14 days of the prison sentence is without the benefit of parole
  • $750 to $1,000 fine
  • Complete a court-monitored domestic abuse intervention program.
  • Confiscation of firearm throughout the sentence

Third Offense

  • 1 to 5 years of prison sentence
  • The first year of prison sentence is without the benefit of parole
  • $2,000 fine

Fourth or Subsequent Offenses

  • 10 to 30 years of prison sentence
  • The first three years of prison sentence is without the benefit of parole
  • $5,000 fine

Enhancing Circumstances

The presence of the following factors could enhance the penalties imposed.

  • Child endangerment. Addition up to 3 years of hard labor if a minor child 13 years old or younger is present.
  • Pregnancy. Additional of up to 3 years at hard labor if the victim of domestic abuse battery is pregnant and the offender knew.
  • Strangulation. Addition of up to 3 years of hard labor. However, if the strangulation resulted in serious bodily injury, an additional 5 to 50 years of hard labor.
  • Burning. Addition of up to 3 years of hard labor. If the burning resulted in serious bodily injury, an extra 5 to 50 years of hard labor.
  • Intentional serious bodily injury. Addition of up to 8 years of hard labor.
  • Dangerous weapon. Addition of up to 10 years of hard labor.

Protective Orders

Louisiana's protective order system provides victims of domestic violence immediate legal protection. Under Louisiana laws, there are two main types of protective orders: temporary ex parte orders and protective orders after hearing.

Temporary Ex Parte Orders

Victims can obtain temporary ex parte protection orders without notice or the presence of the abuser in court. This court can issue this temporary restraining order immediately when present danger exists. It can stay valid for up to 21 days, and victims can obtain it through emergency procedures, even on weekends and holidays.

Protective Orders After Hearing

The court can issue protective orders after both parties can present evidence in a full court hearing. This type of protective order remains valid for up to 18 months, and the victim can renew it for additional periods.

Note: Laws are subject to change through legislative amendments and court decisions. This information is current as of the last update to Louisiana's published statutes. For the most current information, consult the Louisiana State Legislature website or speak with a qualified attorney.

Related Resources

Seek Legal Advice

If you or your family member is facing domestic violence in Louisiana, do not hesitate to seek help. For victims of domestic violence, reach out to the Louisiana Coalition Against Domestic Violence at 1-888-411-1333. They can provide immediate assistance and shelter options. You can also contact a Louisiana family law attorney to help you obtain a protective order.

If you are facing a domestic violence charge, you can seek legal representation from a criminal defense attorney. They can represent your case and help protect your rights.

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