Call for Consultation (337) 366-8994
Call for Consultation (337) 366-8994
Disclaimer: This content is for informational purposes only and does not constitute legal advice. Laws and court interpretations change regularly, and every situation presents unique circumstances.
Facing domestic violence charges in Louisiana is one of the most serious legal situations you can encounter. A conviction can separate you from your family, strip you of fundamental rights, derail your career, and follow you for decades.
Louisiana has some of the nation’s strictest domestic violence laws with enhanced penalties for repeat offenses and special bail hearings.
Understanding Louisiana’s domestic violence statutes, mandatory arrest policies, and potential defenses is essential to protecting your rights.
Under Louisiana Revised Statutes §14:35.3, domestic abuse battery is “the intentional use of force or violence committed by one household member or family member upon another.”
Any intentional use of force can qualify, regardless of injury severity. “Family member” includes spouses, parents, children, stepparents, and the other parent of any child. “Household member” means anyone presently or formerly living together in a sexual or intimate relationship.
Louisiana distinguishes between domestic abuse battery (RS 14:35.3) and battery of a dating partner (RS 14:34.9). Simple battery is a misdemeanor; aggravated circumstances create felonies.
Enhanced penalties apply for strangulation (up to three years or five to fifty years with serious injury), burning, child presence (age thirteen or younger), victim pregnancy, and use of dangerous weapons.
Louisiana imposes severe penalties for repeat offenders with a ten-year lookback period. Prior out-of-state convictions count toward your offense history.
First conviction: $300-$1,000 fine and thirty days to six months imprisonment. At least forty-eight hours must be served without parole, probation, or suspension.
Probation requires either four days of jail plus a twenty-six-week domestic abuse intervention, or eight days of community service plus intervention. Firearm possession is prohibited throughout the sentence.
Strangulation with serious bodily injury: five to fifty years at hard labor without parole, probation, or suspension. Burning with serious bodily injury: five to fifty years as a crime of violence.
Violating protective orders (RS 14:79) is a separate offense. Under Gwen’s Law, violations can trigger bail hearings, potentially resulting in detention without bail.
Louisiana’s stalking statute (RS 14:40.2) applies to patterns of conduct causing reasonable fear or emotional distress. Critically, stalking convictions cannot be expunged in Louisiana under the Code of Criminal Procedure Article 977, creating a permanent record affecting employment, housing, licensing, and firearm ownership for life.
Louisiana officers must make arrests when they have probable cause that a battery or assault occurred. Officers determine the “primary aggressor” considering who initiated violence, injury severity, and
history. Exercise your right to remain silent and request an attorney immediately.
Courts frequently issue automatic protective orders prohibiting all contact with the alleged victim.
Violating orders—even at the victim’s invitation—is a separate criminal offense. Do not respond if the victim contacts you; document it and inform your attorney.
Gwen’s Law (CCRP Article 313) allows contradictory bail hearings within five days of probable cause determination. Judges consider criminal history, threat to victim or public, substance abuse, use of force, and controlling behavior. Courts may order electronic monitoring, house arrest, or deny bail entirely.
Federal law (18 U.S.C. § 922(g)(9)) prohibits firearm possession for life after misdemeanor domestic violence convictions. Louisiana law prohibits possession for ten years after sentence completion. These restrictions affect hunting, concealed carry, and employment in law enforcement, security, and military.
Temporary protective orders often award custody to the alleged victim and restrict child access. A domestic violence conviction creates a legal presumption against awarding sole or joint custody to the offending parent, and courts must order only supervised visitation unless statutory requirements are met.
Licensing boards require disclosure of arrests and convictions. Affected professions include healthcare, legal, education, childcare, financial services, law enforcement, and commercial driving.
Consequences include suspension, revocation, and denial of applications.
For non-citizens, convictions can result in deportation, denial of naturalization, and inadmissibility. Convictions may qualify as “aggravated felonies” triggering mandatory removal. Consult both criminal defense and immigration attorneys immediately.
Self-defense is valid when you reasonably believe you are facing imminent harm and use reasonable, proportional force. Evidence includes your injuries, relative size/strength differences, the victim’s violent history, and witness testimony.
Prosecution must prove charges beyond a reasonable doubt. Challenges include a lack of corroboration, inconsistent injuries, no independent witnesses, and delayed reporting.
When victims recant, prosecutors may use “evidence-based prosecution” with 911 recordings, photographs, and medical records.
False accusations occur in custody battles, divorces, and financial disputes. Defense strategies include establishing fabrication motive, proving alternative injury explanations, and using electronic evidence showing the victim’s state of mind or threats to fabricate.
Fourth Amendment violations include warrantless home entry and searches exceeding safety requirements. Miranda violations occur when police interrogate without advising rights. Successful suppression often leads to dismissal.
The decision to prosecute rests with the district attorney, not the victim. Prosecutors can proceed using 911 recordings, body camera footage, photographs, medical records, and excited utterances.
However, prosecutors may dismiss cases with minimal independent evidence.
Victim advocates help navigate the system, obtain protective orders, and access support services. Louisiana law provides victims rights to be informed, present, heard at sentencing, and receive restitution.
Victims may provide impact statements describing how the offense affected them, significantly influencing sentencing. Your attorney may cross-examine factual inaccuracies.
Some parishes offer pretrial diversion for first-time offenders with misdemeanor charges requiring no prior history and no serious injury. Requirements include twenty-six-week batterer intervention, counseling, and strict compliance. Successful completion results in dismissal.
Courts routinely order batterer intervention, anger management, substance abuse treatment, and mental health counseling. Voluntary enrollment before it is ordered often receives favorable treatment.
Common plea options include felony to misdemeanor reduction, domestic abuse battery to simple battery reduction, and deferred adjudication. Evaluate offers considering evidence strength, immigration consequences, licensing impact, and custody implications.
Jury Selection in Domestic Violence TrialsJury selection is critical because most people have preconceived notions about domestic violence.
Defense attorneys use voir dire to identify jurors who require the prosecution to meet the burden of proof and can fairly evaluate self-defense claims.
Prosecutors present photographs, medical records, 911 recordings, and witness testimony. Defense challenges include questioning chain of custody, the timing of injuries, and alternative explanations.
Your defense may include alibi witnesses, character witnesses, and evidence supporting self-defense.
You have the right to testify or remain silent. Benefits include telling your story. Risks include exposure to cross-examination. If testifying, thorough preparation is essential.
Convictions create permanent records on background checks for employment, housing, education, licensing, and firearm purchases. Employers, landlords, and institutions may deny opportunities based on convictions.
Protective orders can remain in effect for years or permanently, affecting where you live and work and child access. Convictions become public record accessible to future partners and affect future custody determinations.
Louisiana provides very limited expungement for domestic violence convictions.
One strategy is negotiating a plea to battery of a dating partner (RS 14:34.9) instead of domestic abuse battery (RS 14:35.3), as dating partner battery may be eligible for expungement under certain circumstances.
Strictly comply with no-contact orders. Violations result in immediate arrest, additional charges, and bail revocation. If the victim contacts you, do not respond. Document it and inform your attorney.
Avoid discussing your case online. Posts can be discovered and used as evidence. Even “private” messages can be subpoenaed. Consider taking a complete social media break during your case.
Photograph injuries, preserve clothing, secure video footage before deletion, obtain medical records, and download communications. Provide your attorney with complete, honest information.
Document everything in a journal.
The parishes with the highest volume caseloads include Orleans Parish Criminal District Court, East Baton Rouge Parish 19th Judicial District Court, Jefferson Parish 24th Judicial District Court,
Lafayette Parish 15th Judicial District, Calcasieu Parish 14th Judicial District, and Caddo Parish 1st Judicial District Court. Hiring experienced local counsel in these areas is crucial. If you cannot afford private counsel, contact the local Public Defender Board office for appointed counsel.
Programs include court-approved batterer intervention, anger management, substance abuse treatment, and mental health counseling. Contact your local district attorney or court for approved providers. Proactive enrollment demonstrates accountability.
Do not face these charges alone. Do not assume charges will be dismissed because the victim does not want to pursue them.
Contact the Ikerd Law Firm today for a free, confidential consultation. Chad Ikerd understands the complexities of domestic violence cases and are committed to aggressively defending your rights, freedom, and future.
Your freedom, your family, your career, and your future are at stake. Call the Ikerd Law Firm at (337) 366-8994 for the dedicated representation you need.
