On this page
- What is domestic abuse battery under Louisiana law?
- What are the penalties for domestic abuse battery?
- What facts make a domestic abuse battery charge more serious?
- Will you lose your gun rights after a domestic abuse battery?
- How do protective orders work in Louisiana?
- What happens after a domestic violence arrest?
- Can the alleged victim drop domestic abuse battery charges?
- Can a domestic abuse battery be expunged?
- How is a domestic abuse battery charge defended?
What is domestic abuse battery under Louisiana law?
Domestic abuse battery is a battery committed against a household member or family member, or in some cases a dating partner. It is charged under La. R.S. 14:35.3. A battery means the use of force or violence on another person, and in many cases no visible injury is required for a charge.
These charges often come from a single call to police during an argument. Officers may make an arrest based on what they see and hear at the scene, including one person's statement. That is why the facts, and how they were gathered, need careful review.
What are the penalties for domestic abuse battery?
Penalties climb quickly with each offense. Louisiana uses a 10-year cleansing period when counting prior convictions.
| Offense | Fine | Jail or prison | Served without benefit |
|---|---|---|---|
| 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 | First year |
| 4th or later | $5,000 | 10 to 30 years at hard labor | First 3 years |
On a first offense, probation requires 4 days in jail or 64 hours of community service, plus a court-monitored domestic abuse intervention program of 26 weekly in-person sessions. A second offense, because it can be punished with hard labor, carries felony exposure.
The intervention program is not a quick class. Twenty-six weekly sessions means about six months of in-person attendance, on top of work and family duties. Missing sessions can put your probation at risk.
What facts make a domestic abuse battery charge more serious?
Louisiana adds extra penalties when certain facts are alleged:
- Child endangerment: a child 12 or younger present adds 1 to 3 years (3 to 6 years on a second or later offense).
- Strangulation: up to 10 years at hard labor, and it is treated as a crime of violence.
- Burning: up to 3 years.
- Pregnant victim: up to 3 years.
- Serious bodily injury: up to 8 years.
- Dangerous weapon: up to 10 years.
These enhancements depend on specific facts, and the state has to prove them. A defense lawyer will look closely at medical records, photos, timelines and witness accounts to test each one. For example, a strangulation allegation often depends on specific physical findings and on the exact words used in early statements.
Will you lose your gun rights after a domestic abuse battery?
Yes, if you are convicted. Under La. R.S. 14:95.10, a person convicted of domestic abuse battery (and certain dating partner batteries) may not possess a firearm for 10 years after completing the sentence. A violation carries 1 to 20 years without benefit and a $1,000 to $5,000 fine.
Federal law goes further. Under 18 U.S.C. 922(g)(9), a misdemeanor crime of domestic violence brings a lifetime federal firearm ban. For hunters, gun owners and people whose jobs involve firearms, this alone can make fighting the charge essential. If you own firearms and have been charged, ask your lawyer what you should do with them while the case is pending.
How do protective orders work in Louisiana?
A protective order is a court order that can bar you from contacting a person or going to certain places, sometimes including your own home. A court can issue a temporary restraining order without you present if it finds immediate and present danger. The hearing on the protective order must then be set within 21 days, which gives you a chance to respond.
Violating a protective order is a crime under La. R.S. 14:79. A first violation can bring up to $500 and/or 6 months. If the violation involves a battery or a crime of violence, the penalty rises to up to $1,000 and 3 months to 2 years, with 30 days served without benefit. Even a text, a social media message or a message through a friend can count. Follow every order exactly, even if the other person reaches out first.
What happens after a domestic violence arrest?
After a domestic violence arrest, you will usually be booked into the parish jail and brought before a judge within 72 hours, not counting weekends and holidays. Bail is often set with conditions, and a no-contact condition is common. That condition can apply even if you share a home or children with the other person.
Meanwhile, the alleged victim may separately ask a civil court for a protective order. That means you can face two cases at once: the criminal case and the protective order case. What you say in one can affect the other, so do not testify or file anything in either case without talking to your lawyer first.
If you are in jail and the state does not formally charge you within the legal deadline, which is 30 days for a misdemeanor and 60 days for a felony, you must be released unless there is just cause. A lawyer can track these dates for you.
Can the alleged victim drop domestic abuse battery charges?
No. In Louisiana, the decision to prosecute belongs to the district attorney, not the alleged victim. A person who wants the case dropped can tell the prosecutor, but the state can still go forward.
That said, a victim's wishes and cooperation can affect the case. If the main witness does not want to proceed, or if the evidence is weak, that can lead to reduced charges or a dismissal. These situations must be handled carefully. You should never ask or pressure the other person to change their story or skip court. That can lead to new charges and a no-contact violation.
If the other person wants to speak with someone about the case, they can contact the district attorney's office directly or talk with their own lawyer. Your lawyer can explain what is appropriate, but any contact must go through proper channels and must not break a court order.
Can a domestic abuse battery be expunged?
Generally, no. Domestic abuse battery is excluded from expungement under both Article 977 (misdemeanors) and Article 978 (felonies). That means a conviction will likely stay on your public record.
An arrest that ends in a dismissal or acquittal is different, and it can usually be expunged once the case is over. So the way the case ends matters enormously. See our Louisiana expungement guide for details.
How is a domestic abuse battery charge defended?
Every case is different, but common defense questions include:
- Is the relationship one that the statute covers?
- Was there actually a battery, or was it a verbal argument?
- Was it self-defense or defense of someone else?
- Do the statements, 911 call, photos and medical records match?
- Is there any reason for a false or exaggerated accusation, such as a custody dispute?
Barry Ranshi is a former Orleans Parish prosecutor and public defender who understands how these cases are charged and tried. Learn more on our domestic violence defense and battery defense pages. Call (504) 905-8399 any time, 24/7, for a free, confidential consultation. If bail conditions are keeping you out of your home, ask about a bond hearing when you call (504) 905-8399.