Domestic Violence in Louisiana

The State of Louisiana defines domestic violence as physical or sexual abuse and any offense against the person, physical or non-physical, committed by one family member, household member, or dating partner against another. “Domestic abuse” also includes abuse of adults (R.S. 15:1503) when committed by an adult child or adult grandchild.

Common Defense Strategies

• False Allegations
• Unfortunately, it is not uncommon for separated spouses or former dating partners to accuse one another of domestic abuse in order to gain the upper hand in a divorce proceeding or custody battle.
• Your attorney will seek to establish inconsistencies between the allegations and the evidence. For example, you can prove you were not present during the time of the incident, there is no physical evidence, or the accuser has a history of instability.
• Self-Defense/Defense of Others
• You have the right to defend yourself and your family from imminent danger of bodily harm, as long as the amount of force used is reasonable in relation to the danger.
• Your attorney will investigate your partner’s previous history of violence, if the victim admits to using violence, if any evidence at the scene suggests the victim was aggressive, and if you sustained any injuries.
• Lack of Proof/No Traumatic Condition
• You are innocent until proven guilty. You cannot be convicted if the prosecutor fails to meet the mandatory burden of proof.
• Your lawyer will expose weaknesses in your accuser’s argument, prove a lack of physical evidence, or request the case be dismissed if there were no injuries reported at the scene.
• Reckless Harm
  • When a person unintentionally causes serious physical injuries to a family member, he or she can be charged with reckless harm. Even if the actions were accidental, if the person was aware that their behavior poses a substantial risk to others, they may be at fault.
  • If you did not intend to hurt anyone, but your actions still resulted in an injury, it is advised that you consult with a domestic violence attorney to determine the specific charges and penalties you may be facing.