Domestic Violence

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Domestic violence means the occurrence of one or more of the following acts by a family or household member, but does not include acts of self-defense:

(1)

Attempting to cause or causing physical harm to another family or household member;

(2)

Placing another family or household member in fear of physical harm;

(3)

Causing another family or household member to engage in involuntary sexual activity by force, threat of force, or duress; or,

(4)

Committing one or more of the following crimes against another family or household member:

a.

Arson, of any grade;

b.

Assault and battery, of any grade;

c.

Burglary, of any grade;

d.

Criminal damage to property;

e.

Homicide, of any grade;

f.

Kidnapping, of any grade;

g.

Sex offenses, of any grade;

h.

Any offense involving stolen property;

i.

Any weapon law violation;

j.

Disorderly conduct;

k.

Stalking; and

l.

Criminal trespass of property.

Family or household members means as follows:

(1)

Adults or minors who are current or former spouses;

(2)

Adults or minors who live together or who have lived together;

(3)

Adults or minors who are dating or who have dated;

(4)

Adults or minors who are engaged in or who have engaged in any type of sex act;

(5)

Adults or minors who are related by blood or adoption;

(6)

Adults or minors who are related or formerly related by marriage; or

(7)

Persons who have a child in common; and, minor children of a person with whom the offender has been or is in a relationship that is described in subsections (1) through (6) of this definition.

(M.C.S., Ord. No. 16,673, § 1(42-525(1)), 10-6-94)

No person shall commit an act of domestic violence as defined in section 54-525.

(M.C.S., Ord. No. 16,673, § 1(42-525(2)), 10-6-94)

Any person who violates this article shall be subject to the following penalties:

(1)

Imprisonment in the parish jail for not more than five months, provided that for a first offense, some or all of the imprisonment may be suspended;

(2)

A fine of not more than $500.00, for a first offense; or not less than $300.00 and not more than $500.00, for subsequent offenses;

(3)

Community service;

(4)

Participation in a court-approved domestic abuse counseling program; and/or

(5)

If the court in its discretion deems it appropriate, it may offer to suspend a portion of the sentence imposed, on the condition that the offender makes complete financial restitution necessary to cover the costs of restoring any property damaged or any other expenses caused by the actions of the abusive party.

(M.C.S., Ord. No. 16,673, § 1(42-525(3)), 10-6-94)

(a)

A law enforcement officer who responds to an allegation of domestic abuse and/or has probable cause to believe that a violation of this article has been committed or attempted, shall, in the officer's sound discretion, use all reasonable means to protect the victim and prevent further violence, including but not limited to:

(1)

Arresting the offending party whether or not the offense occurred in the officer's presence;

(2)

Taking the action necessary to provide for the reasonable safety of the victim and any other family or household member;

(3)

Confiscating any weapon identified by the victim or a witness as being involved in the alleged domestic violence;

(4)

With the victim's consent, transporting or obtaining transportation for the victim and any child in the victim's custody in obtaining medical treatment, including obtaining transportation to a medical facility in the city; and

(5)

Giving the victim immediate and adequate written notice of the rights of victims and of the remedies and services available to victims of domestic violence.

(b)

A law enforcement officer who has reason to believe that a violation of this article has occurred, shall make a written report of the alleged incident, including a statement from the complainant, the action taken by the officer and other relevant information on a standard form prescribed by the superintendent of police.

(c)

Where the allegation of domestic abuse is known to involve a member of the police department or another commissioned peace officer, the investigation and report shall be made by a law enforcement officer, with a rank of lieutenant or higher. However, in all cases, the investigation and report shall be made by an officer with a rank higher than the alleged offender and a copy of the report shall be provided to the superintendent of police.

(d)

The superintendent of police shall compile and maintain statistical information pertaining to incidences of domestic violence.

(M.C.S., Ord. No. 16,673, § 1(42-526), 10-6-94)

(a)

Whenever an arrest is made for a violation of sections 54-525 through 54-527 the arresting officer shall, upon taking the arrested person to a facility for booking, notify the custodian of the facility that the person in custody has been arrested on a charge of domestic violence.

(b)

The custodian of the facility shall notify the municipal court judge that the individual was arrested for an offense in violation of sections 54-525 through 54-527. He shall further advise the judge of any prior record of arrest and/or convictions of the arrestee.

(c)

The municipal court judge shall set the bail and a condition of bail shall be that the arrestee be required to execute a peace bond.

(d)

Upon release, the arrestee shall be notified of his arraignment date.

(e)

During the duration of a peace bond and/or stay away order, either party may petition the municipal court for an ex parte order allowing that party to return to the residence to recover the party's personal clothing and/or necessities providing that the party is accompanied by a law enforcement officer to ensure the safety of all involved persons. The enforcement agency providing this protection shall require payment for the actual cost of services rendered under this section, and these costs may be assessed against the offending party as court cost, but the inability to pay shall not prohibit the law enforcement officer from providing the protection provided for in this article.

(f)

The clerk of court and the city attorney shall notify the individual residing in the residence of the date and time the party and the law enforcement officer will arrive at the residence.

(M.C.S., Ord. No. 16,673, § 1(42-128), 10-6-94)

(a)

Terms and conditions. If a defendant is found guilty of an offense involving domestic violence as prohibited be section 54-526 of this Code, the municipal court may require that the defendant refrain from going to the residence or household of the victim, the victim's school, or the victim's place of employment, or otherwise intentionally contacting the victim in any manner whatsoever; and, that the defendant shall refrain from having any further contact with the victim. Such an order shall be known as a stay away order.

(b)

Violations. It shall be unlawful to commit the crime of violation of a stay away order or peace bond. A violation of a stay away order or peace bond is the disobedience of the stay away order or peace bond issued by the municipal court of the city pursuant to section 54-529 or subsection (a) of this section.

(c)

Penalties. Except as otherwise provided in this section, violation of this section is punishable in municipal court as follows:

(1)

A fine of not more than $500.00, for a first offense;

(2)

Not less than $300.00 and not more than $500.00, for each subsequent offense; or

(3)

Imprisonment in the parish jail for not more than five months.

If, as part of any sentence imposed under this section, a fine is imposed, the court may direct that the fine be paid for the support of the spouse or children of the offender.

(d)

Enforcement. Law enforcement officers shall use every reasonable means to enforce a stay away order or peace bond issued by the municipal court of the city, and shall arrest any person if the officer has reason to believe that the person is in violation of the terms of a stay away order or peace bond issued by the municipal court.

(e)

Bench warrant. Upon evidence that a person is in violation of the terms of a stay away order or peace bond issued by the municipal court, the court may order the issuance of a bench warrant for a defendant's arrest, remand the defendant to custody or modify the terms of bail.

Lance Robinson is a New Orleans criminal attorney with over 20 years of experiencing defending clients. If you need a Louisiana criminal lawyer to fight for your rights, don't hesitate to reach out to us.

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