(504) 336-1717Metairie Domestic Violence Attorney
Protecting Clients Against Domestic Violence Charges
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. Attorney Jarred Bradley represents clients throughout the Greater New Orleans area and can help you contest a protective order and get to work on your defense right away. We can help you through the domestic violence charge process.
Contact a domestic violence attorney in Metairie to discuss what these charges mean and how to respond.
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 as household members 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 criminal defense attorney who can immediately go to work on your behalf.
Can Domestic Violence Charges be Dropped?
Although domestic violence is taken very seriously in Louisiana, some factors can lead to the charge being dropped. Working with our Metairie domestic violence attorney from The Bradley Law Firm can help you have the best possible outcome for your case.
Some of the factors that can lead to a dropped charge of domestic violence in Louisiana include:
- Lack of evidence by prosecution
- An act of self defense
- Victim decided to drop the charges
What Defense Strategies Can Beat Domestic Violence Charges in Metairie?
Being charged with domestic violence doesn’t mean a conviction is inevitable. A Metairie domestic violence lawyer can evaluate the specific circumstances of your arrest and build a defense strategy designed to challenge the prosecution’s case at every level.
False allegations. Domestic violence accusations are sometimes fabricated during heated custody disputes, divorce proceedings, or relationship conflicts. A criminal defense attorney can gather evidence, including text messages, emails, phone records, and witness testimony that contradicts the accuser’s version of events and demonstrates a motive to lie.
Inconsistent witness statements. Because domestic incidents often occur behind closed doors, the prosecution frequently relies on the alleged victim’s account as its primary evidence. A Metairie domestic violence lawyer will examine every statement for inconsistencies, contradictions, and changes in the narrative that undermine credibility.
Challenging the physical evidence. Scratches, bruises, and other injuries don’t automatically prove who the aggressor was. Injuries can be self-inflicted, caused by an unrelated incident, or actually sustained by the person who was defending themselves. A skilled criminal defense lawyer will scrutinize medical records, photographs, and officer observations to challenge the prosecution’s interpretation of the evidence.
Constitutional violations during arrest. If law enforcement failed to follow proper procedures during your arrest, conducted an unlawful search, or obtained statements without advising you of your rights, your criminal defense attorney can file motions to suppress that evidence, potentially weakening the case enough to have criminal charges reduced or dismissed entirely.
Understanding the Potential Penalties for Domestic Violence Convictions in Louisiana
Louisiana imposes increasingly severe penalties for domestic violence convictions, and understanding exactly what you’re facing can help you see why working with a Metairie domestic violence lawyer early in the process is critical to protecting your future.
First offense domestic abuse battery is typically charged as a misdemeanor, carrying up to six months in jail and fines up to $1,000. The court may also require completion of a domestic abuse intervention program and community service.
Second offense escalates the potential penalties significantly, with a minimum of 60 days and up to one year in jail, fines up to $1,000, and mandatory completion of a 52-week domestic abuse intervention program. A second conviction also strengthens the prosecution’s position in any future criminal charges.
Third and subsequent offenses are treated as felony charges in Louisiana, carrying a prison sentence of one to five years, with at least one year served without the benefit of probation, parole, or suspension of sentence. Fines increase substantially, and the long-term consequences of a felony conviction affect employment, housing, firearm rights, and custody arrangements.
Aggravated domestic abuse charges involving a dangerous weapon or serious bodily injury carry even steeper potential penalties, including up to five years in prison on a first offense.
Each level of conviction builds on the last, making it essential to fight every charge aggressively from the beginning. A Metairie domestic violence lawyer at The Bradley Law Firm can develop a defense strategy tailored to your specific situation and work to achieve the best possible outcome. Contact us at 504-336-1717 to speak with a criminal defense attorney who will protect your rights.
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.
Speak with an Experienced Domestic Violence Lawyer
When you’ve been arrested and charged with domestic abuse in Jefferson Parish, contact us at 504-336-1717 to speak to a member of the team at The Bradley Law Firm. Our criminal defense lawyer ensures those in Metairie, New Orleans, and surrounding areas get the legal help they need when fighting these charges.