Metairie Domestic Violence Attorney

Protecting Your Rights When You’re Accused of Domestic Violence

Relationships can be challenging, whether it’s with family members or romantic partners. But when arguments escalate to the point of violence or threats to call the police, it can result in serious legal problems as well. If you’ve been accused of harming or threatening to harm a family member or spouse, you need to understand how the state of Louisiana deals with domestic violence law and what your options are when you’re facing charges.

When you’ve been accused of domestic abuse, it’s important to take immediate action. Contact The Bradley Law Firm to discuss what these charges mean and how to respond. Attorney Jarred Bradley can help you contest a protective order and get to work on your defense right away.

How Does the State of Louisiana Define Domestic Violence?

While the common term is domestic violence, Louisiana’s Revised Statutes uses the term “domestic abuse” to describe physical violence or threatening actions or words between household or family members. It’s first important to understand how the law defines a household member or family member.

Family members are those people you are related to by either blood or marriage. That includes parents, grandparents, current or former spouses, children, grandchildren, and extended family members. Stepchildren and foster children, as well as stepparents and foster parents, are also included.

A household member is someone who is currently living with the defendant or has previously and was or is in a “sexual or intimate relationship” with the defendant. There are some other situations that qualify under household member as well, and an attorney can help explain whether these are applicable to your circumstances.

In general, there are two main domestic abuse charges: domestic abuse battery and domestic abuse aggravated assault. The difference between these two domestic violence charges is whether there was physical contact between the two parties and whether a dangerous weapon was used during the incident.

Domestic abuse battery is applicable when one party intentionally inflicts physical harm on the other. Domestic abuse aggravated assault can be charged even if there was no actual physical contact if the defendant was in possession of a dangerous weapon, such as a firearm or knife, at the time.

Louisiana also has the charges of aggravated assault upon a dating partner and battery of a dating partner, which are used when two people have a romantic history but haven’t ever lived together.

In most cases, only physical abuse, sexual abuse, and stalking are considered qualifying instances of domestic abuse in Louisiana. Emotional and financial abuse are generally not recognized by the legal code.

Does Someone Have to Be Arrested If the Police Are Called to a Suspected Domestic Violence Incident?

It’s common for officers to be called to the scene of a suspected domestic incident — either by the alleged victim or neighbors who heard the altercation — only for the parties to say that everything is fine or that nothing is going on. However, it’s not always this simple. Law enforcement officers have a duty to ensure the safety of all parties when they arrive at a suspected domestic incident. If the officer has reason to believe that an assault or battery has occurred or that there is immediate danger to the alleged victim after the officer leaves, they can and will arrest whoever they believe is the main perpetrator.

Because domestic incidents are often he-said-she-said situations, officers have to rely on their observations to determine if someone was harmed and whether there is any continued threat. They will look for evidence of battery, such as scratches or bruises.

Unfortunately, in some cases, officers end up arresting and charging the victim instead of the actual abuser in some cases. For example, the victim may have fought back and left marks on the perpetrator. In this case, the officers may see the perpetrator as the victim and arrest the wrong person. If you are mistakenly arrested and charged with domestic battery, your first call should be to a defense attorney who can immediately go to work on your behalf.

How Do Protection Orders Work?

Protection orders are a common outcome of domestic violence cases. Louisiana draws a distinction between restraining orders and protective orders. A temporary restraining order (TRO) is often the first step in getting a long-term protective order. A TRO can be granted without having a full hearing and without input from the defendant. A TRO is only good for a short period of time and is intended to ensure there are no threats to safety while the parties wait for a full hearing to determine if a protective order is necessary.

A protective order is a long-term protection order that bars the defendant from threatening, being in proximity to, or otherwise contacting the petitioner. If someone violates a protective order, they can face arrest and additional penalties, including jail time.

What Are the Consequences of a Domestic Abuse Conviction?

The possible penalties for a domestic abuse conviction vary depending on the exact charge and whether the defendant has any prior convictions. It is possible to face significant time in prison and steep fines if you have multiple previous domestic abuse convictions or convictions for other crimes of violence. In addition, you can face other consequences, such as losing parenting time with your children or being barred from carrying a concealed weapon.

When you’ve been arrested and charged with domestic abuse in Jefferson Parish, call 504-336-1717 to speak to a member of the team at The Bradley Law Firm. We’re here to ensure those near Metairie, LA, get the legal help they need when fighting these charges.