Baton Rouge Domestic Violence Defense Attorneys

What Is at Stake Under Louisiana Law

Louisiana defines domestic abuse battery under La. R.S. § 14:35.3 as the intentional use of force or violence by one household member or family member against another.

The statute applies broadly. A “family member” includes current and former spouses, parents, children, stepparents, stepchildren, foster parents, foster children, other ascendants and descendants, and the other parent or foster parent of the offender’s child. A “household member” includes a person who currently or formerly lived with the offender in a sexual or intimate relationship, as well as certain children.

Penalties increase with each conviction and with the presence of certain aggravating factors:

• First Offense. A fine of $300 to $1,000 and imprisonment of 30 days to 6 months, with at least 48 hours served without benefit of parole, probation, or suspension of sentence. The remainder of the sentence may be suspended if the offender is placed on probation, completes a court-monitored domestic abuse intervention program of at least 26 in-person sessions over 26 weeks, and does not own or possess a firearm for the entirety of the sentence.
• Second Offense. A fine of $750 to $1,000 and imprisonment of 60 days to 1 year, with at least 14 days served without benefit of parole, probation, or suspension of sentence. Completion of a court-monitored domestic abuse intervention program is mandatory. The offender may not own or possess a firearm throughout the entirety of the sentence.
• Third Offense (Felony). A $2,000 fine and imprisonment of 1 to 5 years, with the first full year served without benefit of probation, parole, or suspension of sentence. A felony conviction carries long-term consequences for employment, housing, and civil rights.
• Fourth Offense or More (Felony). A $5,000 fine and imprisonment of 10 to 30 years, with the first 3 years served without benefit of probation, parole, or suspension of sentence. If the offender has previously received the benefit of probation or parole as a fourth or subsequent offender, no part of the sentence may be suspended and no portion may run concurrently with any prior sentence.
• Aggravating Factors That Increase Penalties. Louisiana law adds additional hard labor time on top of base sentences when certain circumstances are present. A child age 13 or younger present at the scene adds up to 3 years. A pregnant victim adds up to 3 years. Strangulation adds up to 3 years; if strangulation causes serious bodily injury, an additional 5 to 50 years at hard labor without benefit of probation, parole, or suspension. Committing the offense by burning adds up to 3 years; if burning causes serious bodily injury, 5 to 50 years without benefit of probation, parole, or suspension. When the offense involves both a dangerous weapon and intentional serious bodily injury, an additional up to 15 years at hard labor applies.

Potential Defenses Under Louisiana Law

Below are some of the most common and legally grounded defenses in Louisiana domestic abuse battery cases.

• Self-Defense & Defense of Others: Louisiana law recognizes self-defense as a legitimate legal argument.
• False or Exaggerated Accusations: Domestic violence allegations sometimes arise in the context of a contentious divorce, a custody dispute, or the end of a relationship, situations where one party may have a motive to mischaracterize events.
• Lack of Probable Cause for Arrest: Louisiana law requires probable cause for a lawful arrest. If that determination was made improperly or procedures were not followed, evidence gathered as a result may be challengeable.
• The Relationship Does Not Meet the Legal Definition: If the relationship between the parties does not meet that legal threshold, the charge as filed may not hold up or may need to be reduced to a different offense entirely.
• Lack of Intent: Domestic abuse battery requires the intentional use of force or violence. If the contact was accidental or the circumstances do not establish the intent required by statute, that element of the offense can be directly contested.
• Alibi: If you were not present when the alleged offense occurred, an alibi supported by witness testimony, surveillance footage, or phone records can directly undercut the prosecution's ability to place you at the scene.

A Note on Strategy: The viability of any defense depends entirely on the facts of your case. Pierce & Shows examines your situation in full, identifies what the evidence actually supports, and builds a strategy around what is realistically available to you.

We Are Ready to Defend You. Reach Out Today.

If you are facing a domestic violence charge in Baton Rouge, Pierce & Shows is ready to listen and ready to act. Your first consultation is free, confidential, and carries no obligation — a straightforward opportunity to understand where you stand and what comes next.

Call (225) 320-8050 or contact us online to schedule an appointment with experienced DV defense lawyers in Baton Rouge. Virtual consultations are available.

Frequently Asked Questions

Can the alleged victim drop the charges against me? 

Not directly. In Louisiana, once a domestic violence report is made and an arrest occurs, the decision to prosecute rests with the state, not the alleged victim. Even if the other party does not want to press charges or later recants, the prosecutor can choose to move forward with the case using other available evidence.

What if the charges are based on a false or exaggerated accusation? 

False and exaggerated accusations do occur, particularly in the context of divorce, custody disputes, or the end of a relationship. The fact that an accusation has been made does not mean a conviction will follow. Our attorneys examine the full record, identify inconsistencies, and develop the facts that the initial report may have left out or distorted.

Will I lose custody of my children if I am charged? 

A charge alone does not automatically result in a loss of custody, but it can have an immediate and significant impact on your custody situation, particularly if a protective order is issued. Louisiana family courts take domestic violence allegations seriously, and the criminal and custody proceedings can directly influence each other.

Will I lose my gun rights? 

Possibly, and the answer depends on both state and federal law. Under Louisiana law, a domestic abuse battery conviction prohibits firearm possession for 10 years from completion of sentence. Under federal law, a qualifying misdemeanor conviction triggers a lifetime firearms ban. The firearm consequences of a domestic violence charge are among the most far-reaching and least reversible outcomes of a conviction.

What should I do after a domestic violence arrest? 

Do not make statements to law enforcement without an attorney present. Do not attempt to contact the alleged victim, even to explain the situation or resolve a misunderstanding — this can constitute a violation of any protective order in place and will be used against you. Contact Pierce & Shows as soon as possible so we can begin reviewing your case and protecting your rights before any further steps are taken.