After you have been accused of domestic violence, your entire life can be turned on its head in the blink of an eye. You could be shunned at work, kept from your children, and even locked up and awaiting a trial. To combat the negative consequences of your accusation, you need to stand behind the trusted protection of one of Louisiana’s premier legal defenders, New Orleans Criminal Defense Attorney G. Carter of The G. Carter Law Firm, LLC.
We have the experience and know-how. You have to make the call. Dial (504) 267-1157.
The state of Louisiana defines domestic violence differently than many other states. Domestic violence, according to the legal statutes of the state, can only be enacted by one household member against another household member.
The legal definition of a household member in Louisiana is:
According to the legal statutes, domestic violence cannot occur between two members of the same sex, regardless of the circumstances of the case. If a man hits a man who lives within his home, or a woman hurts a woman who lived within her home, it will not be considered domestic violence; instead, it would likely be charged as assault and battery. Additionally, no marriage actually has to take place between a person of the opposite sex and the defendant, as it is considered domestic violence as long as the pretense existed that they were husband and wife.
Domestic violence may verge into family court by definition but it is still a criminal violation that can include conviction and sentencing. As with other violent crimes, domestic violence charges can escalate based on how much physical damage was actually caused, the age of the alleged victim, and your intent at the time of the alleged attack. You could be ordered to pay high fines to the state, ranging into the thousands, or be sentenced to months or more in jail.
One unique consequence of domestic violence conviction are final protective orders (FPO). If you are convicted of harming a household member of the opposite sex who was or is your spouse, they can use that in court to obtain a final, or permanent, protective order against you. An FPO can restrict you from entering certain areas, seeing certain people like the alleged victim and your children, and also ban you from carrying certain weapons, regardless of permits you had in the past. Violating a protective order, even if accidentally so, can also be penalized with six months in jail and a $500 fine.
The last thing you should be doing when accused of domestic violence is guessing about what to do next. You need to be confident that every step you take is pointed in the right direction. Allow our New Orleans domestic violence defense attorney guide you through the pretrial phases of your defense and provide unwavering legal advocacy if the matter is taken to court.
Contact us as soon as you can and ask about our FREE initial consultations.