Louisiana Domestic Violence Defense Attorney
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Experienced Domestic Violence Attorney in Shreveport-Bossier City, LA
Domestic violence accusations can change your life in an instant. Even before a conviction, you may be subject to a temporary restraining order that disrupts your routine, limits your contact with family members, and restricts where you can go. A conviction in domestic violence cases can lead to jail time, fines, and the loss of your Second Amendment rights.
En La oficina legal de Michael J. Vergis, we represent clients facing domestic violence charges across Northwest Louisiana. If you are dealing with allegations related to domestic abuse battery or another violent crime, our team will work to protect your rights and build a strong defense. Call (318) 698-3724 to schedule a free consultation with an experienced Louisiana domestic violence defense attorney today.
Estadísticas de violencia doméstica de Louisiana
Did you know that more than 12 million people become victims of domestic violence every year? This means that, on average, approximately 24 people are abused by an intimate partner per minute.
Here are a few DV stats that relate to Louisiana specifically:
- There has been at least one domestic homicide reported in every parish across the state of Louisiana.
- Nearly 36% of women in Louisiana have reported experiencing domestic violence, and about 35% of Louisiana men.
- In 2017, Louisiana had the 2nd highest femicide rate (female homicides) in the United States, more than half of which were caused by the victims’ intimate partners.
- As of 2023, the state of Louisiana has entered over 45,744 domestic violence misdemeanors and 7,145 active protective orders into the NICS Index.
What is Considered Domestic Violence in Louisiana?
You might hear it by many names – domestic violence, domestic assault, domestic abuse, domestic battery, or, as Louisiana calls it, batería de abuso doméstico. This offense refers to the intentional use of force or violence by one family or household member against another. This can include spouses, former partners, parents, children, or individuals living together in an intimate relationship.
Domestic abuse battery is not limited to physical harm; it can involve threats, intimidation, and patterns of controlling behavior. It also overlaps with violent crimes, especially in cases involving strangulation, the use of a weapon, or serious bodily injury. These acts may be prosecuted more aggressively and carry enhanced penalties under both state and federal law.
Domestic Abuse Battery – Louisiana Revised Statutes 14:35.3
The legal definition of domestic abuse battery is outlined in LA Rev Stat § 14:35.3. This statute defines domestic abuse battery as the intentional use of force or violence by one household or family member against another.
Under Louisiana law, a household member or family member includes:
- Current or former spouses
- Parents and children, whether biological, adopted, step, or foster
- Any child residing or who previously lived in the same home as the accused
- Any child of the accused, regardless of where they live
What are the Penalties for Domestic Violence in Louisiana?
Domestic violence cases in Louisiana can differ widely based on how often the abuse occurs and how severe the incidents are. These factors directly influence the level of criminal charges filed and the penalties that follow. While a first offense for domestic abuse battery is typically charged as a Louisiana misdemeanor crime, certain aggravating circumstances can elevate the case to a felony charge in Louisiana. Examples include committing battery against a pregnant woman, committing battery in the presence of a child age 13 or younger, or using methods such as strangulation or burning. Louisiana also imposes increasingly harsh penalties for repeat offenses.
Here is an overview of the penalties for first and subsequent charges, but we’ll break each level down further below:
- Primera ofensa: Up to 6 months in jail and a fine between $300 and $1,000
- Reincidencia: 60 days to 1 year in jail and a fine between $750 and $1,000
- Tercera Ofensa: 1 to 5 years in prison, with or without hard labor, and a fine of $2,000
- Fourth or Subsequent Offense: 10 to 30 years in prison, with or without hard labor, and a fine of up to $5,000
A conviction for domestic violence may also lead to long-term consequences such as protective orders, mandatory counseling, and a permanent criminal record. Because these penalties can follow you for life, it’s important to work with a criminal defense lawyer who is experienced in defending against domestic abuse battery charges under Louisiana law.
First Domestic Violence Offense in Louisiana
For a first conviction of domestic abuse battery in Louisiana (meaning no prior convictions), a person may face anywhere between 30 days to up to six months in jail, along with fines ranging from $300 to $1,000. At least 48 hours of the sentence must be served without the possibility of parole, probation, or suspension of sentence. The remaining portion of the sentence cannot be suspended unless specific conditions are met.
The court may allow probation if one of the following occurs:
- The individual serves a minimum of four days in jail, completes a court-supervised domestic abuse intervention program, and is prohibited from owning or possessing a firearm during the sentence.
- The individual performs eight 8-hour days of court-approved community service, completes the required intervention program, and is also barred from possessing a handgun while under sentence.
Second Domestic Violence Offense in Louisiana
A second conviction for domestic violence in Louisiana carries enhanced penalties, including between 60 days in jail to one year of imprisonment, with or without hard labor.
The court may also impose fines ranging from $750 to $1,000. At least 14 days of the sentence must be served without eligibility for parole, probation, or suspension of sentence. The rest of the sentence cannot be suspended unless one of the following conditions is met:
- The individual is placed on probation with a minimum of thirty days in jail, must complete a court-supervised domestic abuse intervention program, and is prohibited from owning or possessing a handgun for the duration of the sentence.
- Alternatively, the individual may be placed on probation if they perform thirty 8-hour days of court-approved community service, complete the same court-monitored intervention program, and are restricted from owning or possessing a handgun while serving their sentence.
Third Domestic Violence Offense in Louisiana
As you might expect, a third domestic abuse battery conviction in Louisiana carries even more serious consequences. The offender faces between one to five years of imprisonment, which may include hard labor, and a mandatory fine of $2,000. At least one year of the sentence must be served without the possibility of parole, probation, or suspension of sentence.
These requirements reflect how seriously Louisiana courts treat repeat domestic violence offenses and the additional consequences that follow a third conviction.
Fourth and Subsequent DV Offenses
A fourth or subsequent domestic violence conviction in Louisiana may result in felony charges punishable by 10 to 30 years in prison and a fine of up to $5,000. At least three years of the sentence must be served without the possibility of parole, probation, or suspension of sentence.
However, Louisiana law does include a limitation: if more than 10 years have passed between the completion of the previous sentence and the new offense, the earlier conviction may not be used to increase the new charge.
As you can see, facing multiple domestic violence charges can put your future at risk, which is why seeking legal help from an experienced domestic violence lawyer is essential. At The Law Office of Michael J. Vergis, we provide trusted criminal defense for individuals facing both first-time and repeat charges and work to pursue the best possible outcome.
Domestic Violence and Family Law Overlap
In a domestic violence case, the legal consequences can extend far beyond criminal court, especially during a divorce or child custody dispute. In Louisiana, family court judges can consider allegations of abuse when deciding custody or visitation, even if no conviction occurs. This means that being accused of a criminal offense like domestic abuse can directly impact your parental rights and your ability to maintain a relationship with your child.
At The Law Office of Michael J. Vergis, we understand how domestic violence allegations can affect both criminal law and civil court outcomes. Our Bossier City & Shreveport family lawyers work closely with clients to address the criminal charges while also protecting their interests in custody or divorce proceedings. Whether you’re facing false allegations or navigating the fallout of a prior arrest, our law firm is committed to helping you defend your rights and your future throughout the entire legal process.
DV Protective Orders in Louisiana
A protective order in Louisiana is a legal tool issued by a court to shield an alleged victim from harm, often as part of a temporary restraining order following a domestic violence accusation. Protective orders may prohibit the accused from making contact, returning to a shared home, or possessing firearms.
Violating such an order is a separate offense under Louisiana law and can lead to additional criminal charges, including jail time and fines. These violations also increase the likelihood of long-term restrictions and may further affect criminal and family court outcomes.
A skilled restraining order attorney from a trusted law firm like The Law Office of Michael J. Vergis can help you challenge a protective order based on your circumstances, preventing long-term damage to your rights and criminal record.
What To Do If You’ve Been Arrested or Accused of Domestic Violence
If you’ve been arrested or accused of domestic battery or are facing other serious accusations, it’s critical to take immediate steps to protect your rights. First and foremost, avoid speaking to police or answering any questions beyond your identifying information. You should also cut off all communication with the alleged victim and refrain from discussing the incident with anyone other than your attorney. Do not post about the situation on social media, either. Remember that anything you say can be used against you in Louisiana state courts.
You should also follow the terms of any temporary protective orders (if any), even if you believe the accusations are false. Violating these orders may lead to additional charges and more severe consequences. Instead, contact our experienced attorneys at The Law Office of Michael J. Vergis as soon as possible to review your case and begin building a strong defense.
Our legal team understands the urgency and stress of being accused in a domestic violence matter, which is why we provide clear guidance, aggressive representation, and a free consultation to help you take the right steps from the start. Don’t wait – call (318) 698-3724 hoy dia.
How to Beat a Domestic Violence Charge in North Louisiana
- Call our Shreveport-Bossier Defense Lawyers at (318) 698-3724.
- Do Not Speak to Police Until Your Lawyer Arrives.
- Stop All Communication With the Alleged Victim.
- Don’t Discuss the Case With Others.
- Stay Off Social Media.
- Follow Your Lawyer’s Instruction and Guidance.
The Importance of Experienced Criminal Defense Attorneys in Domestic Violence Cases
When facing domestic violence allegations, the importance of legal representation from the start cannot be overstated. Early intervention by a knowledgeable domestic violence attorney can be extremely beneficial to your case, especially when it comes to avoiding formal charges, negotiating a favorable plea deal, or reducing potential penalties.
Whether you’ve been falsely accused or lost your judgment in a moment of passion, having the right criminal defense in place immediately helps protect your rights and limits long-term damage. At The Law Offices of Michael J. Vergis, Mr. Vergis’s experience handling domestic cases in local courts throughout the Northwest Louisiana region gives his clients a strategic advantage and a strong foundation to fight the charges and move forward. Contact our Shreveport-Bossier law firm today for a free consultation to discuss your options.
Common Defenses Against Domestic Violence Charges
We understand how complex legal issues related to domestic violence can be, which is why our legal team will evaluate every detail of your case to identify the most effective defense strategy.
Some of the defenses we may present include acting in self-defense, lack of intent to cause harm, or the alleged victim not meeting the legal definition of a household or family member. We also routinely defend clients facing false allegations that were exaggerated or made out of retaliation.
Additional possible defenses include:
- Falta de evidencia
- Defense of others
- Mutual combat or accidental injury
- Violations of constitutional rights (unlawful arrest, Miranda issues)
Whatever approach we take, working with a trusted Bossier City-Abogado penalista de Shreveport like Michael J. Vergis gives you the strongest chance of a favorable result. If you’re facing legal issues involving domestic violence, we encourage you to schedule a free case evaluation with our firm to discuss your rights and options today.
Michael J. Vergis: Trusted Domestic Violence Defense in Bossier City and Shreveport
If you’re facing criminal charges related to a domestic violence case in Louisiana, don’t wait to get the help you need. At The Law Office of Michael J. Vergis, we understand how overwhelming these criminal cases can be, which is why we work in a timely manner to address your concerns, protect your rights, and guide you through every step of the legal process.
Our law firm is committed to going the extra mile to meet your legal needs and help you avoid the potential consequences of a DV conviction. Contact us today by calling (318) 698-3724 o comunicarse en línea for a free consultation and let our team start building your defense.
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