Domestic violence is defined by Louisiana law as a series of coercive and abusive tactics intended to intimidate and control a family member or adult intimate partner of the perpetrator. The scope and effects of these actions may be physical, psychological, emotional, sexual, or economic.
In general, the victim is:
A person related to the perpetrator by affinity or consanguinity, a current or former spouse living in an unmarried relationship with the perpetrator, or a person who shares a child with the perpetrator in a “intimate” relationship.
Under Louisiana law, domestic violence offenses are punishable by a wide range of sanctions.
For instance, someone charged with first-degree assault, a violent felony, could be sentenced to five to twenty-five years in prison and/or a fine of up to $5,000.When a person threatens another with a firearm or other deadly weapon, they are guilty of second-degree menacing, which is a Class A misdemeanor punishable by up to a year in jail and/or a $1,000 fine.
Additional crimes associated with domestic violence include:
- Aggravated harassment
- Aggravated criminal contempt
- Stalking Menacing
- Strangulation and similar crimes
- Endangering a child’s welfare is a crime.
When confronted with evidence of domestic violence, law enforcement personnel, such as LA police officers, must make mandatory arrests. Consequently, innocent individuals may be charged based on a false accusation or evidence attributable to other causes.
False allegations of domestic assault
If you are involved in a contentious divorce, child custody dispute, or even a bitter breakup with a jealous and vindictive partner, he or she may accuse you of domestic violence in order to “get even.” The mere accusation can stigmatize you because the police are required to arrest you and the accusation is extremely incendiary.
An allegation of domestic violence not only threatens you with jail time and a criminal record, but you will also be forced to leave your home and children behind if an Order of Protection is issued. Other collateral consequences of a conviction include the loss of professional licenses and certifications.
This makes an accusation of domestic violence particularly devastating for:
- Educators, such as teachers and university professors, are essential to society.
- Physicians and nurses
- Police personnel
- Members of the armed forces
If you have been accused of domestic violence for these reasons, you should hire an experienced Baton Rouge criminal defense attorney to aggressively defend your rights and freedom. They will present your side of the alleged events and defend your legal rights in court so that you receive the highest level of possible legal support. A domestic violence charge can devastate an individual’s personal and professional life, but the right attorney will put their extensive training and experience to work for you.
As a criminal justice attorney in Baton Rouge, Louisiana, David E. Stanley is dedicated to protecting the rights of his clients. He has experience handling a variety of cases, including domestic violence. Domestic violence is a serious issue that can have lasting effects on its victims. Attorney Stanley is committed to helping his clients get the legal protection they need to stay safe and heal from the trauma of abuse. He works tirelessly to ensure that his clients receive the best possible outcome in their case. If you or someone you know is a victim of domestic violence, please contact Attorney Stanley for a free consultation. Domestic violence Attorney Baton Rouge LA.
David Stanley is the founder and principal of David E. Stanley APLC. Since 1983, Mr. Stanley has successfully practiced law from his office in Baton Rouge, Louisiana.