You might be feeling overwhelmed, scared, or even betrayed, especially if someone you care about has accused you of something you never thought possible. Facing domestic violence charges is serious and emotional. For LGBTQ+ individuals, it can also feel deeply isolating.
At Crescent City Law, we understand how fast things can escalate in relationships, and how quickly one call to the police can change your life. You may now be navigating protective orders, court dates, and criminal charges, all while trying to hold your life together. You don’t have to do it alone.
Whether you’re being accused by a partner, spouse, former partner, or roommate, you deserve a defense that is grounded in compassion, dignity, and strength. Our legal defense team led by John Radziewicz, is here to stand by your side every step of the way.
What Does Louisiana Law Say About Domestic Violence?
In Louisiana, domestic violence is defined by several statutes and includes a broad range of relationships. You don’t have to be married or living with someone to face these charges.
Under La. R.S. § 14:35.3, Domestic Abuse Battery occurs when a person intentionally uses force or violence against:
- A current or former spouse
- A current or former dating partner
- A co-parent (someone you share a child with)
- A household or family member
This applies equally to same-sex couples and LGBTQ+ relationships. If you’ve had an intimate or romantic relationship with someone and they accuse you of violence or harm, you can be charged under this statute, regardless of gender or sexual orientation.
What Is the Difference Between Domestic Assault and Domestic Battery?
Louisiana defines assault and battery as separate crimes with different standards:
- Domestic Assault under La. R.S. § 14:36 is threatening someone in a way that causes fear of immediate harm.
- Domestic Battery under La. R.S. § 14:33 involves the actual use of force or physical contact that is intentional and harmful or offensive.
You can be charged with either, or both, based on the same event, especially if police believe a threat escalated into physical action.
What to Know About LGBTQ+ Protective Orders in Domestic Violence Cases
If someone accuses you of domestic violence in Louisiana, they can request a protective order under La. R.S. § 46:2131–2143. These orders apply to all types of relationships, including LGBTQ+ couples, and are designed to prevent further contact or alleged harm.
A protective order can:
- Force you to leave your home
- Prohibit contact with the alleged victim (and sometimes shared children or pets)
- Prevent you from possessing firearms
- Affect custody, visitation, and property rights
- Show up in background checks, affecting jobs, housing, and licensing
Even temporary protective orders are enforceable by law, and violating them can result in immediate arrest under La. R.S. § 14:79.
We help clients fight protective orders, attend court hearings, and protect their access to homes, family members, and property while navigating the broader legal case.
What Happens If You Violate a Protective Order in Louisiana?
Violating a protective order, even unintentionally, can result in additional criminal charges under La. R.S. § 14:79. That means even a text message, unannounced visit, or indirect contact through a third party could lead to a new arrest.
Protective orders are legally binding and taken seriously by Louisiana courts. If you’re accused of violating one, penalties may include:
- Jail time
- Fines
- Revocation of bond
- Stricter protective order conditions
- Increased difficulty resolving the original domestic violence case
We understand that protective orders can disrupt your life, especially if you share housing, pets, or children with the other party. Crescent City Law can help you understand the terms of any order issued against you and represent you if you are accused of violating it.
Your Rights During a Domestic Violence Investigation
If you’re under investigation or have been accused of domestic violence, it’s essential to know that you have rights. You are not required to answer questions without an attorney present, and anything you say—intentionally or not—can be used against you in court.
You have the right to:
- Remain silent
- Decline to make a statement to police
- Request legal counsel immediately
- Be treated fairly regardless of gender, identity, or relationship type
You do not have to prove your innocence, that is the state’s responsibility. If you are approached by police, it’s best to stay calm, avoid discussing the incident, and contact your attorney as soon as possible. At Crescent City Law, we often step in early to manage communication with law enforcement and protect your rights from the start.
What If the Allegations Are False?
It’s devastating to be falsely accused, especially when it comes from someone you loved or lived with. Unfortunately, false or exaggerated claims of domestic abuse battery can arise during emotionally charged breakups, custody battles, or disputes over shared property.
Even if the alleged victim wants to “drop the charges,” the decision to prosecute lies with the District Attorney, not the individual. Once an arrest has been made, the state can continue the case without the victim’s consent.
That’s why it’s critical to contact a defense attorney right away. We can:
- Investigate your side of the story
- Challenge false or misleading evidence
- Present context that may have been missed by law enforcement
- Advocate for reduced charges, case dismissal, or acquittal
Can Domestic Violence Charges Be Dismissed in Louisiana?
Yes, in some cases, domestic violence charges can be dismissed or reduced, especially if there is weak evidence, conflicting accounts, or violations of your rights during the arrest or investigation. However, it is important to understand that:
- The District Attorney, not the alleged victim, controls whether the case moves forward
- Charges may continue even if the other party asks to “drop it”
- Early legal intervention gives your defense the best chance to present evidence and request dismissal
Dismissals are not automatic, but they are possible. At Crescent City Law, we investigate every angle, from surveillance footage to medical records to witness statements, and we fight to get charges reduced, dismissed, or resolved in a way that protects your future.
Contact Crescent City Law for LGBTQ+ Domestic Violence Defense Today
Every case is different, and we take a personalized approach to defending our clients. We understand the weight these charges carry and are committed to helping you protect your record, freedom, and peace of mind.
You deserve an experienced legal team that listens, respects your identity, and fights with everything they’ve got to protect your future. Contact us today at (504) 264-9492 to schedule your free initial and confidential consultation.
Frequently Asked Questions
1. Can I be arrested for domestic violence without physical evidence?
Yes. Louisiana law allows an arrest based on probable cause, which may include statements, visible injuries, or witness accounts. Even without physical evidence, if police believe there was a threat or act of violence, they can make an arrest. That’s why it’s vital to speak with a defense attorney immediately after any accusation.
2. Will a domestic violence conviction affect my job or professional license?
It can. A conviction or even an open case can appear on background checks and may impact your current or future employment, especially in fields requiring professional licensing or security clearance. Crescent City Law can help you understand the collateral effects and build a defense to protect your reputation and career.
3. Are LGBTQ+ domestic violence cases treated differently in Louisiana courts?
Legally, domestic violence laws apply equally to all relationships—same-sex or heterosexual. However, bias and misunderstanding can still appear in the system. Our team is sensitive to the challenges LGBTQ+ defendants face and ensures that your rights, dignity, and identity are fully respected throughout the process.
4. Can I still see my children if there’s a protective order against me?
It depends on the terms of the order. Some protective orders restrict contact with both the alleged victim and shared children, while others allow limited or supervised visitation. Your attorney can request modifications or clarify terms so you don’t risk violating the order unintentionally.
5. What should I do if my partner and I both want to drop the case?
Even if both parties agree to reconcile or drop the complaint, the decision lies with the District Attorney. However, your attorney can present evidence, statements, and legal arguments that may encourage the DA to reconsider or dismiss charges based on lack of evidence or mutual consent.
6. How can Crescent City Law help me right now?
Our defense team can intervene early in your case—before formal charges are filed—to communicate with prosecutors, gather evidence, and protect your rights. We’ll help you understand the legal process, build a clear strategy, and fight for the best possible outcome while ensuring your identity and story are treated with respect.
