Domestic Violence Defense Attorney in Lake Charles, Louisiana

A Domestic Violence Defense Attorney Who Knows How Calcasieu Parish Prosecutes These Cases

Domestic violence is a scary subject. You can be arrested immediately without even giving a statement to police. Then you find out that you can’t even bond out for days. You become worried that you will lose your job. You become worried that you will lose your family. You have no idea if this is a felony or misdemeanor. You don’t have any idea when you will get out of jail or what life will be left for you when you are released.

Panic is not a strategy; immediate legal intervention is. When your life is put on hold by a domestic violence charge in Calcasieu Parish, you need an attorney who understands how this specific jurisdiction operates. For over 17 years, Jacob Colonna has navigated the 14th Judicial District Court defending clients against domestic abuse battery and related charges. The immediate priority is attacking the crisis in front of you—fighting for your release during the mandatory Gwen’s Law bail hearing, negotiating the boundaries of protective orders so you don’t lose access to your children, and implementing a defense strategy designed to protect your record and your livelihood.

I know how the 14th JDC and the Calcasieu Parish District Attorney’s office work. I know the things out of town attorneys don’t, like when the Gwen’s Law Hearing is going to be held and which magistrate judge will hold the initial hearing. I have the experience with that magistrate judge and the dedicated Domestic Violence unit with the local DA. The sooner I am retained, the more time I have to gather evidence, interview witnesses, and develop a defense strategy before the preliminary hearing and arraignment. Call (337) 656-3212 immediately.

What Is Domestic Abuse Battery Under Louisiana Law?

Louisiana’s primary domestic violence statute is LA R.S. 14:35.3, which defines Domestic Abuse Battery as the intentional use of force or violence committed by one household member or family member upon another. Louisiana law defines household and family members broadly to include current and former spouses, parents and children, stepparents, stepchildren, grandparents, grandchildren, any person currently or formerly living in the same residence who is or was in an intimate or sexual relationship with the defendant. There is also a similar designation of “dating partner” under LA R.S. 14:34.9, which is a related charge to domestic violence.

Louisiana also recognizes a range of related domestic violence charges beyond physical battery, including domestic abuse aggravated assault, strangulation, stalking, criminal damage to property in a domestic context, and violation of a protective order. Each carries its own penalty range and its own set of collateral consequences.

This page addresses representation of individuals charged with domestic violence offenses. If you are seeking a protective order in a family law context, I handle that through my family law practice.

What Are the Penalties for a Domestic Violence Conviction in Louisiana?

Domestic abuse battery penalties in Louisiana escalate significantly with each offense and with the presence of aggravating factors. Louisiana law also imposes mandatory minimum sentences that limit judicial discretion. Here is a sampling of various domestic abuse charges and their penalties:

First Offense Domestic Abuse Battery

• Classification: Misdemeanor
• Fine: $300 to $1,000
• Jail: 30 days to 6 months — minimum 48 hours is mandatory and cannot be suspended
• Community service: Minimum 8, 8-hour days of community service
• Intervention program: Mandatory domestic abuse intervention program: 26 weeks minimum

Second Offense Domestic Abuse Battery

• Classification: Felony
• Fine: $750 to $1,000
• Jail: 60 days to 1 year — minimum 14-days of jail is mandatory
• Probation: Only available if the offender serves 30 days in jail
• Community service: 30, 8-hour days of community service
• Intervention program: Mandatory domestic abuse intervention program: 26 weeks minimum

Third Offense Domestic Abuse Battery

• Classification: Felony
• Fine: Up to $2,000
• Jail: 1 to 5 years at hard labor — minimum 1 year without benefit of probation, parole, or suspension.

Fourth or Subsequent Domestic Abuse Battery

• Classification: Felony
• Fine: Up to $5,000
• Jail: 10-30 years at hard labor — minimum 3 years without benefit of probation, parole, or suspension.
• Probation: If you receive a probated sentence for a conviction of a fourth or subsequent domestic violence charge, probation will not be available to you and you must serve your entire sentence at hard labor, and no part of your sentence may run concurrent with any other sentence.

Aggravated Domestic Abuse Battery

• Involves the use of a dangerous weapon
• Felony — prison 0-10 years

There are several other versions of domestic abuse offenses in Louisiana. Also, certain aspects of your case may cause a misdemeanor offense to become a felony. For example, if a child is present, even for a first offense, you will be charge with a felony charge and will have to attend a Gwen’s Law Hearing prior to bonding out. Beyond criminal penalties, a domestic violence conviction — even a misdemeanor conviction can permanently bar the convicted person from possessing a firearm under federal law or state law. It can also affect child custody proceedings, employment, and professional licensing.

What is a Gwen’s Law Hearing?

A domestic violence arrest in Calcasieu Parish can trigger immediate mandatory holds after an arrest. This means that bond may not be available to a person arrested for domestic violence until they have a bond hearing called a “Gwen’s Law Hearing” and a judge sets the bond. At this hearing, in addition to determining the bond, restrictive protective orders may be issued by the judge. These hearings happen quickly and require immediate courtroom intervention by an attorney who understands the 14th JDC bond procedures.

What Defenses Are Available in a Louisiana Domestic Violence Case?

Domestic violence is a very serious charge that is difficult to defend, which is why local experience and intelligent strategy is crucial. Unlike most other crimes, immediate action is necessary. Typically a domestic violence case is a “he said/she said” scenario, where the initial statements of both parties bears incredible weight for the rest of the proceeding. Hiring an attorney immediately to guide the process of an accused giving a statement or correcting misinterpretations by investigating agencies is crucial. An arrest is not a conviction, but it feels like one with domestic violence.

Frequently Asked Questions