Domestic Violence

There are essentially two crimes of domestic violence in Louisiana: domestic abuse battery and domestic abuse aggravated assault.

A household member is defined in the respective statutes as being "any person presently or formerly living in the same residence with the offender and who is involved or has been involved in a sexual or intimate relationship with the offender, or any child presently or formerly living in the same residence with the offender, or any child of the offender regardless of where the child resides." Louisiana Revised Statute § 14:37.7.B.(1) defines a family member as meaning "spouses, former spouses, parents, children, stepparents, stepchildren, foster parents, and foster children."

Louisiana Revised Statute § 14:37.7.A establishes that domestic abuse aggravated assault is an assault with a dangerous weapon committed by one household member or family member upon another household member or family member. Louisiana Revised Statute § 14:2.A.(3) states that the definition of a dangerous weapon "includes any gas, liquid or other substance or instrumentality, which, in the manner used, is calculated or likely to produce death or great bodily harm."

Under Louisiana Revised Statute § 14:35.3.A, domestic abuse battery is defined as "the intentional use of force or violence committed by one household member or family member upon the person of another household member or family member."

A conviction for domestic abuse aggravated assault is punishable by one year to five years imprisonment and a fine of up to $5,000.

Penalties for a domestic abuse battery conviction will depend on how many times a person has been convicted of that crime.

A first domestic abuse battery conviction is punishable by 30 days to six months imprisonment and a fine of $300 to $1,000. At least 48 hours of the sentence imposed must be served without parole, probation, or suspension of sentence. Imposition or execution of the remainder of the sentence cannot be suspended unless either:

------The offender is placed on probation with a minimum condition that they serve four days in jail and complete a court-monitored domestic abuse intervention program, without owning or possessing a firearm throughout the entirety of the sentence, or

-------The offender is placed on probation with a minimum condition that they perform eight, eight-hour days of court-approved community service activities and complete a court-monitored domestic abuse intervention program, without owning or possessing a firearm throughout the entirety of the sentence.

A second conviction is punishable by 60 days to one-year imprisonment and a fine of $750 to $1,000. A third conviction is punishable by one year to five years imprisonment and a fine of $2,000. At least the first year of the sentence imposed must be served without parole, probation, or suspension of sentence.

Louisiana Revised Statute § 14:35.3.H. provides that a person ordered to participate in a court-monitored domestic abuse intervention program must pay the cost incurred in participation in the program, and failure to make such payment will subject the person to revocation of probation unless the court determines that the person is unable to pay. Louisiana Revised Statute § 14:35.3.A.(3) defines a court-monitored domestic abuse intervention program as a program comprised of a minimum of 26 in-person sessions occurring over a minimum of 26 weeks, that follows a model designed specifically for perpetrators of domestic abuse.

A person's progress in the program must be monitored by the court, and the provider of the program is required to have experience in working directly with perpetrators and victims of domestic abuse, experience in facilitating batterer intervention groups, and training in the causes and dynamics of domestic violence, characteristics of batterers, victim safety, and sensitivity to victims.

For many people accused of domestic violence, their primary defense against criminal charges is that they did not commit the alleged crime. This defense can work when prosecutors do not have the evidence needed to prove an alleged offender's guilt, as police officers can frequently arrest people for domestic violence crimes even without any evidence of a crime.

Another common defense in these cases could be self-defense, or possibly even the defense of another family or household member. Domestic violence situations can be very complicated, and it is possible for multiple people to be involved in situations.

In some cases, the domestic allegations could be totally fabricated. If you are arrested based on false allegations, make sure you have an attorney who can conduct an independent investigation and prove your innocence.

Were you arrested for an alleged domestic violence offense in Shreveport, Bossier, or a surrounding area of Louisiana? If so, you should immediately contact the Norris Law Group immediately.

Ebonee Rhodes Norris was named a top attorney by SB Magazine every year from 2013 through 2018. You can have our lawyers help you understand all of your legal options, as soon as you call 318-771-7000 or contact us online to schedule a confidential consultation.