Minden Domestic Violence Lawyer

What Qualifies as Domestic Violence in Minden, LA?

In Louisiana, individuals may face domestic violence or battery charges when they intentionally use force or violence against another member of their household. Louisiana law considers “household members” as any individual who is:

• An individual who lives with the defendant in a spousal-like relationship, irrespective of formal marital status.
• An individual who lived with the defendant and shared a residence with the accused within five years of the domestic abuse battery, regardless of marital ties.
• A minor residing with or having resided with the defendant within five years leading up to the domestic abuse battery.
• Any child of the defendant, regardless of their current place of residence.

In short, victims of domestic violence include spouses, formal spouses, parents, children, and significant others who live or have lived under the same roof.

Criminal Offenses Linked to Domestic Violence

Domestic violence varies in both frequency and severity, including crimes such as:

• Abandonment
• Harassment
• Neglect
• Physical abuse
• Sexual abuse
• Stalking or cyberstalking
• Violation of a Protective Order

The National Coalition Against Domestic Violence (NCADV) reported that 35.9% of women and 35.2% of men in Louisiana experience domestic violence from an intimate partner at least once in their lives.

What Are Potential Consequences of Domestic Violence Charges in Minden?

Facing domestic violence accusations in Minden carries significant penalties. Depending on the specifics of your case, such as the presence of injuries or prior criminal history, you may be confronted with either misdemeanor or felony charges. Subsequent convictions escalate penalties, leading to potential jail time through criminal proceedings or civil protective orders.

Protective Orders in Domestic Violence Cases

Accusers within the household can seek emergency court-issued protective orders (also called restraining orders) where the alleged abuser is absent during the initial hearing. This temporary order lasts until the close of the next business day, but the court may extend it with a subsequent temporary restraining order (TRO). 

Once a TRO is issued, the alleged abuser will be notified and given a court hearing date where both parties are given a chance to tell their sides of the story. At that point, a judge decides whether to issue a long-term protective order lasting up to 18 months.

A TRO can impact your child custody arrangements, restrict access to your residence, or cut communication with your significant other. Immediate consultation with a skilled criminal defense attorney in Minden is crucial upon receiving notice of a protective order petition.

How Can a Lawyer Assist Your Minden Domestic Violence Case?

Domestic violence cases, often entangled with conflicting testimonies, require swift and effective action. If you are facing domestic violence charges, domestic violence attorney Eric G. Johnson is committed to protecting your rights in court. Through thorough investigations, our team aims to unravel the truth behind the allegations and tenaciously contest groundless charges.

While numerous defenses may be possible, some of the most common our domestic violence attorneys may utilize include:

• Challenging false accusations motivated by ulterior motives (like to gain an advantage in a child custody hearing) 
• Contesting the accuser’s “household member” classification under Louisiana law
• Reasonable doubt
• Self-defense

The consideration of self-defense is pivotal in domestic assault cases, playing a crucial role in shaping your legal defense. Drawing on a comprehensive evaluation of the evidence, our team may advocate for a minimized sentence, seek to exclude unfavorable evidence, or push for a complete dismissal of charges.