Domestic abuse is a serious offense in Louisiana. Bond conditions and penalties after conviction are some of the strictest for misdemeanors. Plus, many additional circumstances such as the presence of a child or certain types of batteries or injuries can make it a felony. Much like DUI, subsequent charges for Domestic abuse charges can graduate to felonies if the defendant has prior domestic abuse convictions.

Another problem is that domestic abuse allegations often trigger more than an arrest for the defendant. Protective Orders and strict “no contact” conditions of bond often follow. The court granting a protectiveorder against a defendant creates several problems. The order might prevent, limit, or impact the defendant’s ability to see his or her children. The defendant can be evicted from his or her home. Presumptions can arise that the defendant is a perpetratorof domestic or family violence. These presumptions cause problems in family court and make the defendant keeping, obtaining, and exercising custody or access of his or her children more difficult. What’s more, violating a protective order is a new crime andcan constitute a violation of “no contact” bail conditions which can get the defendant put back in jail.

In addition to criminal and family law problems, domestic abuse defendants can be sued. Accusers can sue defendants for damages that the accuser suffered from domestic abuse. What’s more, under LA CivilCode article 2315.8, the accuser may be entitled to additional, “exemplary damages”, above and beyond general and special damages, when serious bodily injury or severe emotional distress result from domestic abuse. That means in addition to all general damagessuch as mental and physical pain and suffering, and all special damages such as bills for medical treatment, additional damages called exemplary damages can be awarded which increases financial risk and exposure for the defendant if he or she is sued.

Domestic abuse, whether physical or emotional, is never okay and should not be tolerated. The effects often traumatize children in a way that the parents do not realize which last into adulthood. Victimsshould immediately contact law enforcement and obtain services necessary to help themselves and their family. But on the other hand, domestic abuse complaints tend to include a considerable amount of false or exaggerated complaints. False accusers know thatdomestic charges carry stiff penalties and carry all these accompanying custody implications that give the accuser an advantage in family and custody court. False accusers also know that domestic allegations are often “he said, she said” because no one hasa camera following them around at all times. So, it is sometimes more difficult for a defendant to prove his or her innocence when the evidence is largely testimonial. The result is that false accusers often lie or exaggerate about domestic abuse out of revengeor to gain an advantage in anticipation of a custody battle. Our firm has years of experience in defending domestic abuse allegations in criminal court. Whether you have been charged with domestic abuse or have been served with a Title 46 Protective Order,contact our firm today for a consultation.