On this page
- What counts as domestic abuse battery in Louisiana?
- What should you do in the first days after a domestic violence arrest?
- Domestic abuse battery penalties by offense
- What can make the charge more serious?
- Will a domestic violence conviction take away your gun rights?
- What does a protective order mean for you right now?
- Can the other person drop the charges?
- Why a domestic abuse battery conviction stays with you
- How does Barry Ranshi defend a domestic violence case?
What counts as domestic abuse battery in Louisiana?
Domestic abuse battery is a battery (an intentional use of force or violence) against a household or family member or a dating partner. It is charged under its own statute, separate from ordinary battery, with its own penalties and its own long-term consequences.
These cases can move fast. Police can arrest based on one person's statement, even without visible injuries. Arguments involving yelling, text messages or property damage can also lead to related charges, especially once officers are called to the home.
Charges we defend include:
- Domestic abuse battery and dating partner battery
- Protective order and restraining order violations
- Threat allegations made during an argument
- Cases where a weapon was allegedly involved
- False or exaggerated accusations, including those that arise during breakups or custody disputes
What should you do in the first days after a domestic violence arrest?
Protect yourself from making the case worse. The first few days often shape everything that follows.
- Know your first court date. In Louisiana, an arrested person must be brought before a judge within 72 hours (not counting weekends and legal holidays). That is often where bail and bond conditions are set. Our page on bail and bond hearings explains what to expect.
- Read your bond conditions carefully. They may bar you from the home, from contacting the other person, or from having firearms.
- Do not contact the other person, even to apologize or to ask them to drop the charges.
- Stay off social media. Posts about the relationship or the arrest can become evidence.
- Save everything. Keep texts, call logs, emails, photos and names of anyone who saw what happened. Do not delete anything.
- Write down your timeline while your memory is fresh, and share it only with your lawyer.
These cases often come with fear, anger and confusion. Our job is to bring clarity to what has been filed, what comes next and what your options really are.
Domestic abuse battery penalties by offense
The penalties rise steeply with each conviction, and every level has time that must actually be served. Prior convictions count if they fall within a 10-year cleansing period.
| Offense | Fine | Jail or prison | Must be served |
|---|---|---|---|
| 1st | $300 to $1,000 | 30 days to 6 months | At least 48 hours |
| 2nd | $750 to $1,000 | 60 days to 1 year, with or without hard labor | At least 14 days |
| 3rd | $2,000 | 1 to 5 years | The first year |
| 4th or more | $5,000 | 10 to 30 years at hard labor | The first 3 years |
On a first offense, probation requires either 4 days in jail or 64 hours of community service, plus a court-monitored domestic abuse intervention program of 26 weekly in-person sessions. Because a second offense can be punished with hard labor, it carries felony exposure.
What can make the charge more serious?
Certain facts add separate, heavier penalties on top of the base charge. Louisiana's domestic abuse battery statute includes enhancements when:
- A child 12 or under was present: adds 1 to 3 years, or 3 to 6 years on a second or later offense.
- Strangulation is alleged: up to 10 years at hard labor, and it is treated as a crime of violence.
- Burning is alleged: up to 3 years.
- The person was pregnant: up to 3 years.
- Serious bodily injury is alleged: up to 8 years.
- A dangerous weapon was used: up to 10 years.
These enhancements depend on specific facts that the state has to prove. Medical records, photos, the timeline and the words used in the first police report often decide whether an enhancement holds up.
Will a domestic violence conviction take away your gun rights?
Yes. Under Louisiana law, anyone convicted of domestic abuse battery (or certain dating partner battery) cannot possess a firearm for 10 years after completing the sentence. Breaking that ban is a serious felony: 1 to 20 years without benefit of parole, probation or suspension, and a $1,000 to $5,000 fine.
Federal law goes further. A conviction for a misdemeanor crime of domestic violence brings a federal firearm ban for life. For hunters, gun owners, and anyone whose job involves carrying a weapon, this alone can be reason to fight the charge rather than accept a quick plea. See our page on gun and weapons charges for more.
What does a protective order mean for you right now?
It means no contact, starting immediately. A court can issue a temporary restraining order without you being present if it finds immediate and present danger. The hearing on a longer protective order must be set within 21 days. You have the right to be heard at that hearing, and what is said there can affect your criminal case.
Bond conditions often include a no-contact order too. Any contact can count as a violation: a short text, a call, a social media message, or asking a friend to pass something along. Violating a protective order is its own crime:
- 1st offense: up to $500 and/or up to 6 months.
- With a battery or crime of violence: up to $1,000 and 3 months to 2 years, at least 30 days served.
- 2nd offense: up to $1,000 and 14 days to 2 years, at least 14 days served.
Before you respond to anything, call (504) 905-8399. We explain exactly what the order allows so you do not create a new charge by accident.
Can the other person drop the charges?
No. Once police make an arrest, the decision belongs to the district attorney, not the alleged victim. Many people are surprised by this, especially when the couple has reconciled.
What the other person says still matters. If they will not cooperate, change their account, or the remaining evidence is weak, that can lead to a dismissal or a reduced charge. But you should never contact them about the case, directly or through someone else, especially while a no-contact order is in place. Let your lawyer handle it the right way.
Why a domestic abuse battery conviction stays with you
Because Louisiana does not allow it to be expunged, whether it was charged as a misdemeanor or a felony. Most other misdemeanors can be cleared after 5 years. Domestic abuse battery cannot.
A conviction can affect housing, jobs and family court matters such as custody. It also counts as a prior for 10 years if there is ever another accusation. If your case is dismissed or you are acquitted, the arrest record can usually be expunged. That is why the goal from the first day is to keep a conviction off your record. A quick plea that seems easy today can follow you for the rest of your life. Learn more in domestic abuse battery in Louisiana.
How does Barry Ranshi defend a domestic violence case?
By getting the full story in front of the prosecutor and the judge, early. As a former Orleans Parish prosecutor, Barry knows how these cases are screened and what makes them weaker.
- Private case review. A confidential conversation about what happened, with no judgment. Just facts, strategy and support.
- Evidence and investigation. We gather police reports, body camera video, 911 recordings, texts, social media and surveillance footage, and identify witnesses.
- Looking for motive and inconsistency. Breakups and custody fights sometimes lead to exaggerated or false claims. We compare every version of the story.
- Negotiating when it helps you. We pursue dismissals or reduced charges when the facts support it.
- Preparing for trial. If the case goes to court, we are ready, with a clear defense and prepared witnesses.
You will speak directly with your attorney from the start. Call (504) 905-8399, 24 hours a day, 7 days a week, for a free and confidential consultation.