Whether you believe the incident was a misunderstanding, a one-time conflict, or something more complex, being arrested for domestic violence can be worrisome, especially knowing that the consequences can be swift and overwhelming. These consequences could include jail time, protective orders, restricted access to your home and family, and a permanent mark on your record.
At Crescent City Law, we understand the stakes. Led by experienced criminal defense attorney John Radziewicz, our legal team has helped countless clients in New Orleans navigate the challenges of domestic violence charges. We’re here to ensure your rights are protected from day one.
This blog discusses what happens after an arrest, what immediate steps you must take, and how to position yourself for the best possible outcome.
Step 1: Getting Out of Jail
If you’ve been arrested for domestic violence in New Orleans, your first question is likely: When can I go home? Unfortunately, unlike other arrests, domestic violence cases in Louisiana come with an added delay.
Under Gwen’s Law (La. C.Cr.P. Art. 313), individuals arrested for domestic abuse battery or related offenses are required to remain in custody for a minimum of 72 hours. This “cooling-off” period is designed to allow law enforcement to assess the situation and determine whether protective measures, such as temporary restraining orders, are necessary.
During this time:
- Bail may be set, but you will not be released until the mandatory hold expires
- A judge will typically review the facts and may issue temporary conditions for release, such as restraining orders, firearm surrender, or counseling requirements
Step 2: Critical Actions Upon Release
As a condition of your release, you’re required to sign a restraining order that restricts your contact with the alleged victim and may also impose other conditions, such as:
Protective or Restraining Orders
A restraining order (also called a protective order) is often issued automatically upon release. This may:
- Prohibit any contact with the alleged victim (direct or indirect)
- Require you to leave a shared residence
- Prevent you from returning to the scene of the incident
Firearm Restrictions
Under Louisiana law (La. R.S. 46:2136.3), anyone under a protective order related to domestic violence must surrender any firearms and is prohibited from owning or possessing guns while the order is in effect.
Violating any of these conditions can result in new criminal charges, including contempt of court or federal firearms offenses.
Step 3: Taking Proactive Steps to Protect Your Future
Even if not mandated by the court, it’s crucial to take these proactive steps to demonstrate your commitment to change and potentially mitigate the consequences of the charges:
1. Begin Anger Management or Family Violence Counseling
These programs:
- Show the court you are taking the charges seriously
- Can be used as evidence of good faith efforts during plea negotiations
- May be ordered as part of probation or pre-trial diversion
Voluntary participation can mitigate penalties or even influence dismissal decisions.
2. Document Everything
Keep a detailed record of:
- The events leading up to your arrest
- Any messages, emails, or witness statements that may support your side of the story
- Compliance with all court orders and programs
3. Hire an Experienced New Orleans Domestic Violence Attorney
Working with a seasoned defense lawyer is the most important step you can take. At Crescent City Law, John Radziewicz and our team will:
- Scrutinize police reports for inconsistencies
- Challenge improperly obtained evidence
- Negotiate with prosecutors or fight the charges in court if necessary
It is best not to wait until your court date, as early intervention can change the course of your case.
Step 4: Understanding the Long-Term Consequences of a Conviction
It’s important to understand the potential long-term consequences of a domestic violence conviction. Violent felonies cannot be expunged from your record. A New Orleans criminal defense lawyer can advise you on your eligibility for expungement if the charges are less severe.
A felony conviction can have far-reaching effects on various aspects of your life, including:
- Employment and Background Checks: A conviction for domestic abuse can show up on background checks, making it difficult to secure employment, especially in industries like education, healthcare, or law enforcement.
- Housing and Education: Landlords and universities often screen for violent criminal history. A conviction may result in application denials or housing evictions.
- Child Custody and Visitation: If you are in a custody dispute, a domestic violence charge or conviction can be used against you, even if the alleged victim was not your child or co-parent.
- Gun Rights: Under both state and federal law, a conviction for domestic violence can result in permanent loss of your right to own or carry a firearm.
Your Rights As An Accused in Louisiana
If you’ve been charged with domestic violence accusations in New Orleans, you still have constitutional and legal rights:
- The right to remain silent and not incriminate yourself
- The right to an attorney
- The right to a fair trial
- The right to challenge the evidence and confront your accuser
Understanding these rights and asserting them early can prevent costly mistakes. With deep knowledge of the Louisiana legal system and a track record of success, John Radziewicz and our team are committed to helping you protect your rights and reclaim your future.
Contact Our Domestic Violence Lawyers at Crescent City Law Today
If you’ve been arrested for domestic violence, Crescent City Law is here to provide compassionate, effective legal representation. We’ll fight tirelessly to protect your rights and help you secure the best possible outcome for your case. Contact us today for a confidential consultation.
