Gwen’s Law in Louisiana: Bail Hearings, Denial, and Conditions

Gwen’s Law in Louisiana lets a court hold a special “contradictory” bail hearing before releasing anyone charged with certain domestic violence offenses, and, in some cases, deny bail altogether. It is codified at Article 313 of the Louisiana Code of Criminal Procedure and took effect on August 1, 2014, after the killing of Gwen Cox Salley of DeSoto Parish by her husband, who had bonded out of jail on a standard schedule after being charged with holding her and their children at gunpoint.

Charges and Relationships That Trigger the Law

Article 313 applies when a person in custody is charged with any of the following offenses committed against a family member, household member, or dating partner:

Domestic abuse battery.
Violation of a protective order.
Stalking.
Any felony involving the use or threatened use of force or a deadly weapon.

“Household member” is defined broadly. It reaches anyone presently or formerly living in the same residence with the defendant who is or was in a sexual or intimate relationship with them, plus any children in the home. Former romantic partners who once shared a residence can still qualify even if they no longer live together.¹²

If the charge or the relationship falls outside these categories, Gwen’s Law does not apply and bail is set under Louisiana’s general rules.

How the Contradictory Bail Hearing Works

A contradictory hearing is one where both sides present evidence and argue their positions in front of the judge, rather than the court simply applying a bail schedule. Under Article 313, the court “may” order such a hearing before setting bail in a qualifying case. It is not automatic. If the court decides not to hold one, it must notify the prosecutor before setting bail so the state has a chance to weigh in.³

When a prosecutor files a motion for the hearing, the judge can order the defendant held for up to five days, excluding weekends and legal holidays, from the date probable cause is determined. That is the date probable cause is found, not the date of arrest. The defendant stays in jail during that window while both sides prepare.¹

At the hearing, the prosecution typically presents evidence of dangerousness or flight risk: police reports from the current charge, prior incident reports, medical records, sworn statements. The defense can challenge the evidence, cross-examine witnesses, and present its own case for release. The judge then decides whether to set bail with conditions or deny it entirely.

What the Judge Weighs

Article 313 directs the judge to consider a set of domestic-violence-specific factors in addition to the general bail factors that apply in every criminal case. The specific factors include:

The defendant’s criminal history, particularly prior violent or domestic offenses.
The threat the defendant poses to the victim, the victim’s family, and members of the public, with particular attention to children.
Documented patterns of dangerous behavior such as substance abuse, suicide threats, prior use or threats of force against any victim, strangulation, forced sex, controlling the victim’s daily activities, and threats to kill.

The statute recognizes documentation from sworn affidavits, police reports, and medical records, among other sources.³

On top of those, Article 316 requires the judge to weigh the seriousness of the offense, the weight of the evidence, the defendant’s ability to post bail, whether the defendant is already on bail for another felony, and any other circumstances bearing on whether the defendant will appear for trial.⁴

When a Court Can Deny Bail

After the contradictory hearing, the judge can order the defendant held without bail pending trial. To do that, the prosecution must prove by clear and convincing evidence either that the defendant is a substantial flight risk or that the defendant poses an imminent danger to any other person or the community.¹

Clear and convincing evidence sits between preponderance of the evidence, the standard in most civil cases, and beyond a reasonable doubt, the standard for a criminal conviction. The prosecution needs substantially more than a hunch, but does not have to eliminate all doubt. A defendant with a documented history of escalating violence, prior protective order violations, or threats to kill the victim can realistically be held without bail under this standard.

Conditions If Bail Is Granted

When the court does grant bail in a qualifying case, Article 313 tells the judge to consider electronic monitoring and house arrest as a condition of release. If ordered, the defendant typically pays the supervision fee to the monitoring agency.³

Article 320 adds mandatory conditions in domestic violence, stalking, and sex offense cases:

A no-contact order requiring the defendant to stay away from the victim’s home, school, and workplace, and prohibiting contact in any manner whatsoever.
A prohibition on electronic, written, and oral communication with the victim and the victim’s immediate family members.
A firearm prohibition for the duration of any Uniform Abuse Prevention Order the court issues as part of bail.
GPS monitoring at the defendant’s cost, if the court orders it.

The court can also impose any other conditions reasonably related to ensuring the defendant appears for trial and protecting the safety of others.⁵

What Victims Should Do

Louisiana law requires law enforcement agencies holding someone accused of domestic violence to notify registered crime victims when the defendant is arrested, released on recognizance, posts bond, is released pending charges, or escapes. To receive those notifications, the victim must first register with the relevant agency in writing, providing their name, address, and telephone number.⁶

The same statute protects the confidentiality of victims. Public officials, law enforcement agencies, courts, and attorneys are prohibited from publicly disclosing a victim’s address or contact information. An attorney who discloses that information outside of trial can be held in contempt. The victim can waive confidentiality, but protection is the default.⁶

If you are a victim in a pending case, registering with law enforcement is the single most important step to stay informed. Without registration, the agencies have no obligation to reach out before a release.

If the Defendant Violates a Condition

A defendant who violates a no-contact order, removes a GPS monitor, or breaks any other condition of release can have bail revoked and be returned to jail to await trial. The court can also modify the terms, raising the bail amount or adding stricter conditions, and may issue a bench warrant for immediate arrest.

Violating a protective order is a separate criminal offense. A first conviction carries a fine of up to $500, up to six months in jail, or both. A second or subsequent conviction increases the fine to up to $1,000 and adds mandatory imprisonment. Possessing a firearm in violation of a protective order also qualifies as a separate violation under the same statute.⁷

1
Justia Law. Louisiana Code of Criminal Procedure Article 313 – Gwen’s Law; Bail Hearings; Detention Without Bail
2
FindLaw. Louisiana Revised Statutes Tit. 14 Sect. 35.3 – Domestic Abuse Battery
3
Louisiana State Legislature. Louisiana Code of Criminal Procedure Art. 313 – Gwen’s Law; Bail Hearings; Detention Without Bail
4
FindLaw. Louisiana Code of Criminal Procedure Tit. VIII Art. 316
5
FindLaw. Louisiana Code of Criminal Procedure Tit. VIII Art. 320
6
Louisiana State Legislature. Louisiana Revised Statutes 46:1844 – Basic Rights for Victims and Witnesses
7
Justia Law. Louisiana Revised Statutes 14:79 – Violation of Protective Orders