Louisiana Domestic Violence Laws
By Lyle Therese A. Hilotin-Lee, J.D. | Legally reviewed by Laura Temme, Esq. | Last reviewed January 15, 2025
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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.
- Louisiana Coalition Against Domestic Violence (1-888-411-1333)
- National Domestic Violence Hotline (1-800-799-SAFE (7233))
- Child Abuse & Neglect 1-855-4LA-Kids (1-855-452-5437)
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:
- Domestic abuse battery (La. Rev.Stat. 14:35.3)
- Domestic abuse aggravated assault (La. Rev.Stat. 14:37.7)
- Aggravated assault upon a dating partner (La. Rev.Stat 14:34.9.1)
- Battery of a dating partner (La. Rev.Stat 14:34.9)
- Domestic abuse strangulation (La. Rev.Stat. 14:35.3(L))
- Stalking (La. Rev.Stat. 14:40.2)
- Violation of protective orders (La. Rev.Stat. 14:79)
The table below outlines important definitions related to Louisiana domestic violence laws.
Definition of "domestic abuse" |
Louisiana Revised Statute broadly defines domestic abuse as:
committed by one family member, household member, or dating partner against another. This can include:
|
Definition of "family members" |
Louisiana law protects a wide range of relationships. The law defines family members to include the following:
|
Definition of "household members" |
|
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 |
|
Second Offense |
|
Third Offense |
|
Fourth or Subsequent Offenses |
|
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
- Louisiana Protective Orders Laws
- Louisiana Criminal Laws
- Louisiana Criminal Statute of Limitations
- Louisiana Civil Statute of Limitations
- Louisiana Child Custody Laws
- Criminal Defense Strategies
- Domestic Violence Laws
- Restraining Order Basics
- Self-Defense Laws
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.
Can I Solve This on My Own or Do I Need an Attorney?
- Complex criminal defense situations usually require a lawyer
- Defense attorneys can help protect your rights
- A lawyer can seek to reduce or eliminate criminal penalties
Get tailored advice and ask your legal questions. Many Louisiana attorneys offer free consultations.
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