Dating violence is a serious problem in Louisiana, affecting hundreds of thousands each year. If you or someone you care about is facing charges related to dating violence in Louisiana, we understand how overwhelming and distressing this situation can be.
At Crescent City Law, we are here to offer the legal support and guidance you need during this difficult time. Our team is committed to protecting your rights and helping you through Louisiana’s legal system. With decades of experience handling domestic violence cases, including the battery of a dating partner, we will work tirelessly to help you achieve the best possible outcome.
In this blog, we’ll provide an overview of Louisiana’s laws on dating violence, including key penalties and special circumstances, as well as the importance of seeking legal assistance from a criminal defense attorney if you’re facing such charges.
What is Battery of a Dating Partner in Louisiana?
Louisiana law defines Battery of a Dating Partner under La. R.S. 14:34.9 as the intentional use of force or violence committed by one dating partner against another.
The law specifically defines a “dating partner” as any person who is involved or has been involved in a sexual or intimate relationship characterized by affectionate involvement, independent of financial considerations. This definition excludes casual relationships or ordinary associations in a business or social context.
Battery of a dating partner closely mirrors the Louisiana Domestic Abuse Battery statute, with similar penalties and protections. This offense can include physical violence, threats, or intimidation and can have severe legal consequences for offenders.
When someone is arrested for Battery of a Dating Partner in Louisiana, they may be held without bail under Gwen’s Law, which allows the judge to deny bail if the accused is considered a threat to the victim or the community. In many cases, this means the accused must spend at least five business days in jail before they can be released.
However, sometimes we can work with the judge and District Attorney to secure an earlier release, depending on the circumstances of the case.
Penalties for Battery of a Dating Partner
Louisiana law outlines strict penalties for those convicted of battery on a dating partner, with harsher sentences for repeat offenders:
1. First Conviction
- Fine: $300 to $1,000
- Jail Time: 30 days to 6 months (at least 48 hours must be served without parole or probation)
- Additional Conditions:
- Serve 4 days in jail and attend a domestic abuse intervention program or
- Perform 8 days of community service and attend the program.
- Firearm Restrictions: Offenders cannot own or possess a firearm during the sentence.
2. Second Conviction
- Fine: $750 to $1,000
- Jail Time: 60 days to 1 year (at least 14 days must be served without parole or probation)
- Additional Conditions:
- Serve 30 days in jail and attend the program, or
- Perform 30 days of community service and attend the program.
- Firearm Restrictions: Offenders cannot own or possess a firearm during the sentence.
3. Third Conviction
- Jail Time: 1 to 5 years (the first year without parole or probation)
- Fine: $2,000
- Additional Conditions: Must complete the domestic abuse intervention program.
4. Fourth Conviction
- Jail Time: 10 to 30 years with hard labor (first 3 years without parole or probation)
- Fine: $5,000
- Additional Conditions: No parole, probation, or sentence suspension.
- Firearm Restrictions: Offenders cannot own or possess a firearm during the sentence.
Offenders who fail to pay for the domestic abuse intervention program may face revocation of probation unless the court finds they cannot pay.
These penalties increase with each conviction and include fines, mandatory jail time, and requirements to attend a domestic abuse intervention program, as well as restrictions on firearm possession.
Cleansing Period for Prior Convictions
Louisiana law allows for a 10-year cleansing period. If a prior conviction for battery on a dating partner occurred more than 10 years before the current charge, it will not be considered when sentencing. However, if the offender was incarcerated during that time, it doesn’t count toward the 10-year period.
Special Circumstances in Dating Violence Cases
Louisiana law takes certain factors into account when dating violence involves aggravated circumstances:
1. Dating Partner Abuse and Child Endangerment
If a minor child under the age of 13 is present during the abuse, the offender faces additional penalties, which can include up to 3 years of imprisonment.
2. Abuse Involving Pregnancy
If the victim is pregnant and the offender knew this at the time of the offense, the penalty is up to 3 years of hard labor imprisonment.
3. Strangulation
If the abuse involves strangulation (defined as intentionally obstructing the victim’s airway), the offender faces up to 3 years of hard labor imprisonment.
4. Burning
If the abuse involves burning the victim, the penalty can be up to 3 years in prison. If the burning results in serious injury, the penalty increases to between 5 and 50 years in prison.
5. Serious Injury or Use of a Dangerous Weapon
For offenses involving serious bodily injury or a dangerous weapon, the penalties are much more severe, ranging from 8 to 15 years of hard labor imprisonment, depending on the severity of the injury.
How a Lawyer Can Help with Battery on a Dating Partner Charges in Louisiana
If you’re facing charges for battery on a dating partner in Louisiana, having the right lawyer is essential. At Crescent City Law, we understand how serious these charges are, and we’re here to help guide you through the process.
- Guiding You Through the Legal Process: An experienced lawyer will explain every step of the process, making sure you understand what’s happening and what to expect.
- Building a Strong Defense: A lawyer will look for any weaknesses in the prosecution’s case and help create a defense that works in your favor, whether it’s self-defense or another approach.
- Minimizing Penalties: A lawyer can help reduce the penalties you face, whether through negotiation or defending your case in court.
- Handling Special Circumstances: If your case involves factors like child endangerment or strangulation, an experienced lawyer will help address these issues and work to lessen the consequences.
- Representation in Court: Your lawyer will stand by your side in court, making sure your case is presented in the best light possible, and fighting for a positive outcome.
- Providing Support: Dealing with criminal charges is stressful, but a lawyer will guide you through it with confidence and care.
Contact Our Experienced Assault & Battery Lawyers at Crescent City Law Today
Facing battery on a dating partner charges is a serious matter, and having the right legal representation is essential to protect your future. At Crescent City Law, led by attorney John Radziewicz, we bring years of experience defending clients in domestic violence cases.
We are here to guide you through the legal process, fight for your rights, and work toward the best possible outcome. If you or a loved one is facing dating violence charges, contact us today to secure an appointment for an initial consultation.
