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Understanding the Legal Timeline and What too Expect
If you’ve been accused of domestic violence in Louisiana, one of your biggest questions is likely, “How long is this going to take?”
The short answer is that most domestic violence cases in Louisiana last anywhere from 3 months to over a year. But, the complete answer will depend on whether you have been charged with felony or misdemeanor charges, whether you go to trial, and how the courts handle your case.
How Long Will a Domestic Violence Charge Remain on a Record?
Generally, a first and even second occurrence of a domestic violence charge is considered to be a misdemeanor offense if no other crimes were committed to enhance the charge.
Domestic violence charges are elevated to a felony charge if:
- There are multiple subsequent domestic violence charges.
- The victim was pregnant, and the offender was aware of the pregnancy.
- The victim is burned or strangled.
- A child was present during the attack.
- The offender inflicted intentional and serious bodily injury.
- The offender used a dangerous weapon.
Misdemeanor and felony domestic violence charges permanently remain on criminal records. Regardless of when the charge was made, it is up to the viewer of the record to decide if the age of the charge should be accounted for or not. In most cases, a domestic violence charge will negatively affect the perpetrator, even if the charge is old.
A dropped domestic violence charge may also remain on a record for life. A dropped charge may still have negative consequences for the accused by viewers of the record speculating on the events and holding the accused responsible.
Cleansing Period
If an offender gets a subsequent domestic violence charge within ten years of completing a sentence, probation, parole, or suspension of sentence, then that charge will be used against the offender.
Subsequent charges obtained after the ten-year window will not count against the offender as a prior offense.
What is Domestic Violence?
The State of Louisiana defines domestic violence in broad terms to include a range of physical, emotional, financial, and psychological acts committed by one household member to another within the same residence. Domestic violence occurs when abuse occurs by hurting, trying to hurt, or threatening a member of the household or a dating partner.
Domestic violence encompasses the following crimes:
- Intentional use of force or violence
- Threats of violence
- Intimidation
- Stalking
- Isolating a victim from friends and family
- Controlling behavior
- Verbal abuse
Examples of domestic violence crimes in Louisiana are:
- Domestic aggravated assault
- Aggravated assault of a partner
- Domestic battery abuse
- Battery of a partner
- Violation of an order of protection
Financial abuse is also noted as a form of domestic violence when control and restriction of the finances isolate or control another individual.
Who is Protected by Domestic Violence Laws?
State domestic violence laws protect many individuals, including:
- Current or former spouses
- Current or former dating partners
- Parents and children
- Siblings
- Persons who share a child
- Stepparents or stepchildren
- Foster parents and foster children
- Individuals who formerly or currently reside in the same house
How a Domestic Violence Charge Can Affect Your Future
Each case is unique and, therefore, uniquely tried based on the specific circumstances surrounding the case. Possible consequences of a domestic violence charge may include:
- A restraining order
- Loss of parenting time or rights
- Fines
- Jail or prison time
- Probation
- Inability to own a gun
- Barred from voting
- Damage to reputation
- Difficulty retaining or obtaining employment
- Difficulty in retaining or maintaining certain professional licenses
Can a Domestic Violence Charge be Expunged?
After a waiting period of five years for a misdemeanor domestic violence dismissal, acquittal, or non-conviction, the court will allow for expungement if the following requirements have been met by the accused:
- No pending convictions, aside from minor traffic citations
- No pending investigations
- The waiting period has passed
Louisiana law specifically bans the expungement of domestic violence misdemeanor and felony convictions. A complete list of crimes that are ineligible for expungement include:
- Violent crimes
- All sex crimes
- Distribution of dangerous controlled substances
- Misdemeanor domestic abuse
- Misdemeanor stalking
- Crimes against minors
Can Domestic Violence Charges be Dropped?
While it is difficult for these charges to be dropped, an experienced attorney may be able to use the following factors to persuade a judge favorably for the defendant:
- Insufficient evidence: Insufficient evidence is one of the main reasons for dropped domestic violence charges. There must be sufficient evidence to prove beyond reasonable doubt that the accused committed a crime against the victim. Weak or insufficient evidence may illicit a drop in charges or offer a plea bargain.
- Mandatory Arrest Laws: Officers in Louisiana who respond to a domestic violence call and have probable cause to substantiate a claim of abuse are required to make an arrest. If a charge is not dropped, it is common for a plea bargain to be offered for a lesser crime.
- Disputing the charges: Another option is to dispute the charges in court with the help of an attorney at The Bradley Law Firm who can strategize and challenge the evidence that has been presented. This may include:
- Cross-examine witnesses
- Presenting expert testimony
- Challenging the admissibility of evidence
What are Probable Defenses for a Domestic Violence Charge?
An attorney will be able to tailor a defense based on the case. Possible defenses for a domestic violence charge include but are not limited to the following:
- Evidence of innocence
- A strong alibi
- Self-defense or the defense of others
- False accusation
- Provocation
- Constitutional violations
- More
Do You Need an Attorney?
If you have been accused, charged, or convicted of a domestic violence charge, there may be options available to you. Our lawyers have extensive knowledge of the legal landscape and the experience to help you best. Call The Bradley Law Firm today at 503-336-1717 or fill out a contact form to schedule your free consultation.
