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15May

Creating a defense for cases of domestic abuse in Louisiana

Domestic Abuse in Louisiana is taken very seriously by prosecutors. It is a punishable crime that can even result in a felony and prevent the offender from possessing arms. If you are ever charged with a case of domestic abuse in Louisiana you should take it very seriously because once you are convicted of domestic abuse your future professional prospects would be ruined. In this day and age, no one would want a domestic abuser in their workplace. It is better to hire a domestic abuse attorney as soon as possible so that he can construct a defense for you. In this article, I will dive into details of the domestic abuse battery in Louisiana.

What is Domestic Abuse in Louisiana?

Generally, the term domestic abuse is used for the violence or abuse committed in a domestic setting For Example violence by spouse or parent would be called domestic abuse. Usually, violence or abuse by someone who lives in the same house as yours (i.e. siblings) also comes under domestic abuse.

What is domestic abuse battery in Louisiana under La R.S. 14:35.3?

In Louisiana, a person is charged with domestic abuse battery if violence is committed intentionally by one family member or household member upon another family member or household member.

What is a Household member?

You might be wondering how does the law define a household member or family member. According to law, a household member is any person that is currently living or has previously lived in the same residence as the offender. For Example, a child that previously or currently lived in the same residence as the offender can be regarded as a household member. Hence the child of the offender could be counted as a household member regardless of where he lives.  Therefore in most cases, both the offender and the victim must be living under the same roof if the offender is to be convicted of a domestic abuse battery in Louisiana.

A household member could also be someone who shares a sexual relationship with the offender. So a girlfriend or intimate partner can also be counted as the household member if needed.

Hence generally speaking a person is charged with domestic abuse battery in Louisiana if he or she is found to be inflicting violence on one of their family or household member.

How do we construct a defense for our clients?

We use tons of methods to construct a defense strategy for our clients. Our clients are accused of domestic abuse in Louisiana where it is punished harshly. However Carl Barkemeyer and his team will work hard and find loopholes to construct a defense strategy. They create defense strategies according to the specific situations of each client.  Below I’ll discuss few ways which are used by attorneys to defend their clients.

No Intent to Inflict Force:

A defense attorney can argue that the defendant did not intend to use force on the victim. It is necessary to prove the force was intentional in order to prove the charges. Hence defense attorneys often argue that defendant did not use the force intentionally.

Self-Defense

It can always be argued that force or violence used by defendant was in self-defense. It is often the case when victim is the one that starts the fight. The defendant then punches or uses force in self-defense. If the claim that violence was used in self-defense is proved the charges are dropped. Therefore hiring a self-defense attorney can help you in many ways.

Not a family member:

Another defense is that the victim was not a family member of the defendant. If the battery can still be proven, it just becomes a battery. The punishment of a battery is not as severe as domestic abuse battery in Louisiana.  Hence defendant are easily able to compensate for it.

However defense attorney constructs the defense of each client differently. Different defense strategies are used by attorney in different situations. Not every strategy can be used for every client. It is better to hire an attorney instead of facing law alone. Domestic abuse in Louisiana is punished severely with heavy fines and prolonged imprisonment. You can avoid these punishments if you act efficiently and hire an attorney.

It is better to hire a domestic abuse attorney like Carl Barkemeyer.  You can count on him and his team to create a defense for you. He will construct a defense according to your situation. He is very experienced in domestic abuse cases. You will be able to move ahead blameless from your charges.

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Louisiana DWI & Criminal Lawyers

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Louisiana criminal lawyers and DWI attorneys at the Barkemeyer Law Firm providing legal defense services for clients in Baton Rouge, Ascension, Livingston, Tangipahoa, Port Allen, Alexandria, New Orleans, Lafayette, Metairie, Kenner, Gretna, Hahnville, Chalmette, Slidell, St. Tammany, St. Charles, St. John, St. Bernard, Mandeville, Covington, Shreveport, Bossier, Jefferson, Monroe, Lake Charles and all of Louisiana.

DISCLAIMER: The information on this website is not formal legal advice nor does it create an attorney-client relationship.

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