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Domestic Violence

No one should be subjected to violence or threats of violence from an abusive spouse or lover. The laws have changed to offer significant protections to victims of family violence. If you or someone you know is a victim, call the toll free 24 hour hotline at 1-888-411-1333 View the website https://lcadv.org/ to find resources available to you including the nearest shelter so your abuser cannot find you.

In Louisiana, you can obtain a Protective Order against a family member or partner which will immediately prohibit the abuser from going anywhere near you or your children. You obtain a protective order with the Clerk of Court for your parish. There is no charge unless, after a hearing the judge finds the accusations without merit or if you drop the protective order. If the abuser violates the protective order, the sheriff or police are required to arrest the abuser. The penalties are severe.

Louisiana has no tolerance for violence and the penalties for Domestic Violence criminal charges are more severe and stay away orders are routine as conditions of bond and in sentencing. While battery charges are expungeable, domestic battery convictions are not expungeable even in plead under Article 894.

You can include an injunction against harassment easily in a divorce case and this injunction can help prevent confrontations that could lead to violence.

When a Court finds that someone is a perpetrator of family violence, the Court is required by law to make the abuser get treatment and prove that the abuser no longer presents a threat of family violence before having unsupervised visitation. The abuser is required to pay all attorney fees, therapy fees and court costs.

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