Domestic Abuse
Domestic violence and abuse is one of the most serious and high stakes aspects of family law. You need an experienced and knowledgeable family law attorney to guide you through this process.
Louisiana has enacted numerous laws that recognize and address the complex legal and social problems created by domestic violence. Over the past few years, the Louisiana legislature found that existing laws which regulated the dissolution of marriage did not adequately address problems of protecting and assisting the victims of domestic abuse. The Louisiana legislature also found that previous societal attitudes had been reflected in the policies and practices of law enforcement agencies and prosecutors which resulted in different treatment of crimes occurring between family members, household members, or dating partners and those occurring between strangers.
Thus, Louisiana created and developed a civil remedy for domestic violence which affords the victim immediate and easily accessible protection. Furthermore, Louisiana has directed the official response of law enforcement agencies to cases of domestic violence to stress the enforcement of laws to protect the victim and communicate the attitude that violent behavior is never excused or tolerated.
The Courts have followed suit and numerous recent decisions by the appellate courts stress the importance and impact of family violence in divorce and custody situations:
- In Lepine v. Lepine, 223 So.3d 666 (La. App. 5 Cir. 2017), the trial court’s order suspending the co-parenting guidelines after it found that the husband had committed domestic abuse was not an abuse of discretion; co-parenting guidelines helped to facilitate communication between parents regarding their children, and suspension of the guidelines helped stop the abuse by limiting contact between parents.
- In Ferrand v. Ferrand, 221 So.3d 909 (La. App. 5 Cir. 2016), the court held that the purpose of the Domestic Abuse Assistance Act is to provide relief to victims of domestic violence by establishing a civil remedy for domestic violence which will afford the victim immediate and easily accessible protection.
- In Lee v. Smith, 4 So.3d 100 (La. App. 5 Cir. 2008) the court found that the purpose behind the entire legislative scheme governing domestic abuse assistance is to provide relief to victims of domestic violence by establishing a civil remedy for domestic violence which will afford the victim immediate and easily accessible protection.
If you or your children are victims of domestic abuse or violence, you need experienced and driven attorneys to protect your rights and you safety. The attorneys at HNK Family Law know how to protect you and your loved ones from violence and abuse.
