Domestic Abuse Battery

Image showing a fist with the victim of domestic violence in the background

Louisiana defines Domestic Abuse Battery as one household member intentionally using force or violence against another household member. Louisiana law contains civil provisions that make court-issued protective orders available to victims of domestic violence. Violations of domestic protective orders may be punished by both civil contempt and criminal penalties.

Once a call is made to 911, a police officer arrives on the scene and takes statements from both parties. The police do not fully investigate the accused’s innocence and their investigation is completed in a few minutes, so the decision on whether or not to make an arrest is made in a split-second. Restraining orders are routinely granted without hearing from the accused. Under a restraining order, the accused may have to stay away from their home, family, and property.

Domestic abuse battery is charged as a misdemeanor or a felony, and carries serious penalties. Allegations of domestic abuse can also result in a court issuing a protective order against you, which can have an extensive impact on your life. If you are accused of domestic abuse, contact the experienced domestic violence defense attorneys at James Law Firm, LLC. They will guide you through the judicial process, while ensuring your rights are protected.

Serious Consequences

Domestic violence charges carry serious consequences. Punishment for the conviction of domestic abuse battery extends beyond the criminal penalties. Loss of civil liberties may include:

  • Restraining orders that could prohibit contact with your spouse, children, and family. The defendant may have to reside under house arrest or reside outside of the family home while the case is pending. Violation can result in fines, jail time, or both.
  • Monetary damages
  • Loss of custody or visitation rights
  • Employment opportunities can be lessened. Many employers make domestic violence a disqualifying factor for certain types of employment. Present and future employers can access domestic violence court records. A domestic violence conviction can also prohibit professional licensing or security clearance.
  • Under federal law, even a misdemeanor domestic violence conviction can result in a lifetime ban on possession or ownership of guns and ammunition, with no exceptions for sporting, home defense, or employment.
  • Immigration consequences: A conviction of domestic violence can result in removal or exclusion from citizenship and denial of re-entry.
  • Housing consequences: Public housing authorities, as well as private landlords, can run domestic violence background checks, which can disqualify potential tenants.
  • Loss of educational opportunities: A conviction of domestic violence can affect eligibility for admission into certain degree programs.

Charged With Domestic Abuse Battery

If you have been charged with Domestic Abuse Battery in Louisiana, it is time to get started on your defense. Contact the experienced domestic abuse battery defense attorneys at M. Bradley Law Firm, LLC today.

Anyone charged with domestic abuse battery needs to remember:

  1. A domestic violence charge is not going to go away, which means neither the defendant nor the victim can talk their way out of the charges.
  2. The government prosecution is going to consider its own self-interest before your individual case. The legitimate request of the victim is never sufficient to warrant the dismissal of your case.
  3. Domestic violence charges are filed and prosecuted differently. The consequences can be severe, as well as demeaning.

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