New Orleans Domestic Violence Lawyer
Domestic violence is unfortunately common in many relationships. It refers to a pattern of abusive behavior used to hurt, manipulate, frighten, threaten, or coerce an intimate partner or household member.
When you think of domestic violence, physical abuse probably comes to mind. This involves hitting, slapping, pushing, grabbing, kicking, or biting. There are other types of abuse to consider. They include sexual abuse, emotional abuse, financial abuse, and psychological abuse. Domestic violence combines with criminal law, so understanding the laws can be tricky. If you’re facing domestic violence charges, you could face negative consequences. An experienced New Orleans domestic violence lawyer from Palazzo Law Firm can provide you with the right legal defense.
What the Law Says
It’s important to understand how Louisiana law defines domestic violence because it’s unlike other states. First of all, it can only occur between household members. A household member is defined as:
- A person of the opposite sex who lives or has lived with the defendant as a spouse within the last five years.
- A child who has lived with the defendant within the last five years.
- A child of the defendant, regardless of where they live.
Also, domestic violence cannot occur between two members of the same sex, even if they are married. So if a man hits a man who lives within his home, it will not be considered domestic violence. It will also not be considered domestic violence if a woman hits another woman. Instead, the incident would likely be charged as assault and battery.
Also, interestingly, no marriage has to exist. If a couple lives as husband and wife, then they can be charged with domestic violence if they harm each other, even if they are not legally married.
Penalties for Domestic Violence
Penalties for a domestic violence conviction in Louisiana can include fines, jail time, probation, and community service. Domestic violence can be a misdemeanor or felony.
A first conviction for domestic violence carries a fine of $300-$1,000 and up to six months in prison. A second conviction can result in a fine of $750-$1,000 and jail time of up to one year.
Final Protective Orders
A person convicted of domestic violence can have final protective orders against them. An abused spouse can use a conviction to go to court and get a permanent protective order against the offender. Final protective orders can restrict a person from entering certain areas and seeing certain people. Even if you accidentally violate a protective order, you could face penalties such as a $500 fine and six months in jail.
Contact Palazzo Law Firm Today
Domestic violence is a serious issue. If you have been accused of abusing a household member, get legal help right away. The team at Palazzo Law Firm can help you combat the negative consequences of your accusation. Talk to a New Orleans domestic violence lawyer today. Call 504-433-1442 or fill out the online form.