Facing allegations of domestic violence in Lake Charles, Louisiana, is an extremely serious
matter with profound legal, personal, and professional consequences. Conversely, if you are a
victim of domestic abuse, securing your safety and the safety of your loved ones is the most
urgent priority. At The Colonna Law Firm, LLC, our dedicated Lake Charles Domestic
Violence Attorney, Jacob Colonna, provides compassionate, confidential, and aggressive legal
representation for both those accused and those seeking protection.
We understand the complex and emotionally charged nature of these cases. Whether you need
immediate protection through a court order or are fighting to clear your name, we are prepared
to act swiftly and decisively.
Understanding Domestic Violence in Louisiana Law
Louisiana law takes domestic violence very seriously. The key statute, Louisiana Revised
Statute 14:35.3, defines “Domestic Abuse Battery” as the intentional use of force or violence
committed by one “household member or family member” upon another.
Who is Considered a “Household Member” or “Family Member”?
Louisiana law broadly defines these relationships to cover most intimate or family dynamics,
including:
Current or former spouses
Parents, children, stepparents, stepchildren, foster parents, foster children
Other ascendants (grandparents) and descendants (grandchildren)
Any person currently or formerly living in the same residence with the offender who is or
has been in a sexual or intimate relationship with them.
Any child currently or formerly living in the same residence with the offender.
Dating Partners: Louisiana law also extends protections and penalties to battery of a
dating partner (La. R.S. 14:34.9), which applies to individuals in a current or past
intimate or sexual relationship who may not necessarily live together.
What Constitutes “Domestic Abuse”?
Beyond physical battery, domestic abuse in Louisiana can encompass various behaviors, often
leading to charges like:
Physical Abuse: Hitting, pushing, slapping, strangling, burning, kicking, or any
intentional physical harm.
Sexual Abuse: Any unwanted sexual contact.
Threats: Verbal or physical threats that cause a reasonable apprehension of bodily harm.
Harassment & Stalking: Repeated unwanted contact or surveillance that causes fear.
Aggravated Domestic Abuse Assault: An assault committed with a dangerous weapon
by one household/family member upon another.
Penalties for Domestic Violence Charges in Lake Charles, LA
Penalties for domestic violence convictions in Louisiana are severe and escalate significantly
with repeat offenses or aggravating factors. Unlike many other misdemeanors, many domestic
abuse convictions include mandatory minimum jail time and are often ineligible for
expungement.
Domestic Abuse Battery (La. R.S. 14:35.3) Penalties:
First Offense (Misdemeanor):
o Fine: $300 to $1,000.
o Jail Time: 30 days to 6 months.
o Mandatory: At least 48 hours of the sentence served without benefit of parole,
probation, or suspension.
o Mandatory Program: Completion of a court-monitored domestic abuse
intervention program.
o Firearms: Offender prohibited from owning or possessing a firearm throughout
the sentence.
Second Offense (Misdemeanor):
o Fine: $750 to $1,000.
o Jail Time: 60 days to 1 year.
o Mandatory: At least 14 days of the sentence served without benefit of parole,
probation, or suspension.
o Mandatory Program & Firearms Prohibition: As above.
Third Offense (Felony):
o Fine: Up to $2,000.
o Prison Time: 1 to 5 years (with hard labor).
o Mandatory: At least 1 year of the sentence served without benefit of parole,
probation, or suspension.
Fourth or Subsequent Offense (Felony):
o Fine: Up to $5,000.
o Prison Time: 10 to 30 years (with hard labor).
o Mandatory: At least 3 years of the sentence served without benefit of parole,
probation, or suspension.
Aggravating Factors that Enhance Penalties:
Sentences can be significantly increased if the domestic abuse battery involves:
Child Endangerment: A minor child (13 years or younger) was present at the residence
or scene. This can add up to 3 years at hard labor or, for Aggravated Domestic Abuse
Assault, a mandatory minimum of 2 years in prison.
Strangulation or Burning: Intentional blocking of breathing/blood flow or causing
injury by burning. This can add up to 3 years at hard labor, or much more (5 to 50 years
at hard labor) if it results in serious bodily injury.
Serious Bodily Injury: Inflicting injuries that involve extreme pain, protraction of
disability, or disfigurement (can add up to 8 years at hard labor).
Dangerous Weapon: Committing the act with a dangerous weapon (can add up to 10
years at hard labor).
Pregnant Victim: If the victim is pregnant and the offender knew or should have known
(can add up to 3 years at hard labor).
Violation of a Protective Order: Committing domestic abuse while subject to an
existing protective order.
Firearm Prohibition (Lautenberg Amendment)
A conviction for domestic abuse battery, even a misdemeanor, can result in a federal lifetime
ban on possessing firearms under the Lautenberg Amendment. Louisiana law also prohibits
firearm possession for a period (e.g., 10 years after conviction completion) following such a
conviction. Restoring these rights is extremely difficult and often requires a pardon.
Ineligibility for Expungement
Crucially, convictions for Domestic Abuse Battery are generally NOT eligible for
expungement under Louisiana law. This means the conviction will remain on your criminal
record permanently, impacting employment, housing, and other opportunities.
Protective Orders: Your Legal Shield Against Domestic Abuse in Lake Charles
In addition to criminal charges, victims of domestic abuse in Lake Charles can seek civil
Protective Orders (also known as Restraining Orders). These court orders are designed to
provide immediate and ongoing safety.
Temporary Restraining Order (TRO): Can be issued quickly (“ex parte” – without the
abuser present) if there’s an immediate danger. Valid for a short period (e.g., up to 21
days).
Protective Order After Hearing: Issued after both parties have a chance to present
evidence in court. Can last up to 18 months and be renewed.
A Protective Order can:
Prohibit the abuser from contacting or coming near you, your children, or specific
locations.
Order the abuser to move out of a shared residence.
Grant temporary child custody and use of shared property.
Mandate the abuser to surrender firearms and attend counseling.
Violation of a Protective Order is a separate criminal offense with its own penalties,
including potential arrest and jail time.
Defending Against Domestic Violence Allegations in Lake Charles
Being falsely accused or having a charge exaggerated can be devastating. If you are facing
domestic violence charges in Lake Charles, it is vital to have an aggressive defense. Common
defenses we explore include:
Self-Defense or Defense of Others: You acted reasonably to protect yourself or another
person from imminent harm.
False Accusations: If the alleged victim has a motive to lie (e.g., in a contentious divorce
or child custody dispute), we will work to expose inconsistencies.
Lack of Intent: The injury or contact was accidental, not intentional.
Insufficient Evidence: The prosecution cannot prove guilt beyond a reasonable doubt
(e.g., lack of physical evidence, inconsistent statements).
Violation of Constitutional Rights: Unlawful search and seizure, or failure to read
Miranda Rights, could lead to evidence suppression.
Alibi: You were not at the scene when the alleged incident occurred.
Why Choose Colonna Law Firm, LLC for Domestic Violence Cases in Lake Charles?
Whether you are a victim desperately seeking protection or an individual facing serious domestic
violence allegations, you need a legal advocate who understands the stakes and acts decisively.
At The Colonna Law Firm, LLC, our Lake Charles Domestic Violence Attorney, Jacob
Colonna, provides:
Immediate & Confidential Response: We prioritize your safety and legal needs,
offering discreet consultations and swift action.
Experienced Advocacy: We possess in-depth knowledge of Louisiana’s complex
domestic violence laws, including statutes on battery, assault, and protective orders.
Aggressive Defense & Prosecution: We are fully prepared to litigate fiercely in court
to secure protective orders for victims or to defend those falsely accused, challenging
evidence and protecting your rights.
Compassionate Guidance: We understand the emotional toll these cases take and
provide supportive, clear communication throughout the legal process.
Do not face domestic violence issues alone in Lake Charles, LA, or Calcasieu Parish. The
legal consequences are too severe, and your safety is too important.
Contact The Colonna Law Firm, LLC immediately for a confidential consultation. Let us
provide the strategic and compassionate legal support you need during this challenging time.