Louisiana’s domestic violence laws treat domestic abuse battery as a distinct crime with penalties that climb sharply on each conviction, starting at 30 days in jail for a first offense and reaching a mandatory minimum of 10 years at hard labor by the fourth. The framework also covers protective orders, felony-level aggravated assault charges when a weapon is involved, a lifetime federal firearms ban tied to any qualifying conviction, and a strong custody presumption against parents with a history of family violence.
Who the Law Applies To
The domestic abuse statutes only reach people in specific relationships. Two categories carry the weight.
Family members include spouses, former spouses, parents, children, stepparents, stepchildren, foster parents, foster children, and blood relatives in the ascending or descending line. It also includes the other parent of the offender’s child, whether or not the two ever married or lived together.1Justia Law. Louisiana Revised Statutes Title 14 RS 14-35.3 – Domestic Abuse Battery
Household members reach further: anyone currently or formerly living in the same home as the offender who has been in a sexual or intimate relationship with them, any child currently or formerly living in that home, and any child of the offender no matter where the child lives.2Louisiana State Legislature. Louisiana Code RS 46-2132 – Definitions A former live-in partner from years ago still falls inside the statute. Dating partners who never lived together are covered under separate dating violence provisions rather than domestic abuse battery.
Domestic Abuse Battery Penalties
Domestic abuse battery is the intentional use of force or violence by one family or household member against another. The conduct has to be intentional; accidental contact and negligence do not qualify.1Justia Law. Louisiana Revised Statutes Title 14 RS 14-35.3 – Domestic Abuse Battery Penalties escalate with each conviction, and Louisiana counts prior offenses whether they came before or after any earlier conviction.
First Offense
A fine of $300 to $1,000, plus 30 days to six months in jail. At least 48 hours must be served without probation, parole, or a suspended sentence. A court can suspend the rest of the jail time if the offender completes a court-monitored intervention program of at least 26 weekly sessions.1Justia Law. Louisiana Revised Statutes Title 14 RS 14-35.3 – Domestic Abuse Battery
Second Offense
A fine of $750 to $1,000, plus 60 days to one year of imprisonment with or without hard labor.3Louisiana State Legislature. Louisiana Code 14-35.3 – Domestic Abuse Battery
Third Offense
A mandatory $2,000 fine and one to five years of imprisonment. The first full year must be served without probation, parole, or suspension.1Justia Law. Louisiana Revised Statutes Title 14 RS 14-35.3 – Domestic Abuse Battery
Fourth or Subsequent Offense
A mandatory $5,000 fine and 10 to 30 years at hard labor. Ten years is the floor, not the ceiling.3Louisiana State Legislature. Louisiana Code 14-35.3 – Domestic Abuse Battery
Enhancements That Add Years to a Sentence
Child Present
If the battery is committed while a child age 13 or younger is present at the home or scene, the offender faces up to three additional years at hard labor on top of the base sentence. The enhancement stacks onto any offense level, including a first conviction, and the child does not need to be the victim or witness the act directly. Being present at the location is enough.3Louisiana State Legislature. Louisiana Code 14-35.3 – Domestic Abuse Battery
Strangulation
When the battery involves strangulation, an additional three years at hard labor can be added. If the strangulation causes serious bodily injury, the additional term is 5 to 50 years at hard labor with no probation, parole, or suspension available.3Louisiana State Legislature. Louisiana Code 14-35.3 – Domestic Abuse Battery The statute defines strangulation as intentionally impeding normal breathing or blood circulation by applying pressure to the throat or neck or by blocking the nose or mouth.1Justia Law. Louisiana Revised Statutes Title 14 RS 14-35.3 – Domestic Abuse Battery
Domestic Abuse Aggravated Assault
Assault with a dangerous weapon against a family or household member is charged under a separate statute and is always a felony. The base penalty is one to five years at hard labor and a fine up to $5,000. If a child age 13 or younger is present during the offense, the mandatory minimum climbs to two years at hard labor, and that time cannot be reduced through probation, parole, or suspension.4Louisiana State Legislature. Louisiana Code 14-37.7 – Domestic Abuse Aggravated Assault
Protective Orders
Louisiana offers two layers of court protection: a temporary restraining order granted quickly in an emergency, and a longer-term protective order issued after a full hearing.
Temporary Restraining Orders
A court can issue a TRO without advance notice to the abuser if the petitioner shows immediate and present danger of abuse. Past history of abuse or threats can support that finding, and the abuse itself does not have to be recent.5Justia Law. Louisiana Revised Statutes Title 46 RS 46-2135 – Temporary Restraining Order A TRO can prohibit contact, award possession of the shared home, grant temporary custody of children, and place pets under the petitioner’s exclusive control.
The court must schedule a hearing within 21 days, at which the petitioner has to prove the abuse by a preponderance of the evidence. The respondent must be served with notice of both the TRO and the hearing within 24 hours of issuance. If the hearing is continued, the TRO stays in effect, though continuances are generally limited to 15-day intervals.6Louisiana State Legislature. Louisiana Code RS 46-2135 – Temporary Restraining Order
Final Protective Orders
After the hearing, the court can issue a protective order lasting up to 18 months, extendable after a contradictory hearing. Provisions directing the respondent to stop abusing or harassing the protected person can be made effective indefinitely.7Justia Law. Louisiana Revised Statutes Title 46 RS 46-2136 – Protective Orders A final order can also require temporary support, mental health evaluation, and counseling or treatment.
Penalties for Violating a Protective Order
Violating a protective order is a separate crime, with penalties scaled to the conduct:
- First violation without violence: up to $500 and up to six months in jail, or both.
- Second or subsequent violation without violence: up to $1,000 and 14 days to two years, with at least 14 days served without probation or parole.
- Violation involving battery or violence: up to $1,000 and three months to two years, with at least 30 days served without probation or parole.
- Violation involving violence with a prior violation or assault against the protected person within the preceding five years: up to $2,000 and one to five years.8Justia Law. Louisiana Revised Statutes Title 14 RS 14-79 – Violation of Protective Orders
Lifetime Federal Firearms Ban
Under federal law, anyone convicted of a misdemeanor crime of domestic violence is permanently prohibited from possessing, shipping, or receiving firearms or ammunition.9Office of the Law Revision Counsel. 18 USC 922 – Unlawful Acts A first-offense domestic abuse battery conviction in Louisiana is a misdemeanor, and it triggers this ban. There is no sunset date. Firearms rights can only be restored through expungement or a pardon.
The ban applies whether or not a firearm was involved in the offense. Louisiana’s own statute reinforces the point by prohibiting a first-time offender on probation from owning or possessing a firearm throughout the sentence.1Justia Law. Louisiana Revised Statutes Title 14 RS 14-35.3 – Domestic Abuse Battery The federal prohibition extends well beyond the sentence.
Custody and Visitation Consequences
Louisiana law creates a presumption that a parent with a history of family violence should not receive sole or joint custody. The court can find that history based on a single incident causing serious bodily injury, or on more than one incident of family violence.10Louisiana State Legislature. Louisiana Revised Statute 9-364 – Child Custody and Visitation
Overcoming the presumption requires three showings. The parent must have completed a court-monitored domestic abuse intervention program since the last incident. The parent must not be abusing alcohol or using illegal drugs. And the court must find that the child’s best interest specifically requires the abusive parent’s participation as a custodial parent, typically because the other parent is unavailable due to absence, mental illness, or substance abuse.10Louisiana State Legislature. Louisiana Revised Statute 9-364 – Child Custody and Visitation
Even when a parent meets those conditions, visitation must be supervised until the parent proves completion of the intervention program.
Defenses
Self-defense is available as a justification when a person reasonably believes they are in imminent danger of losing their life or suffering great bodily harm and uses force necessary to protect themselves. Louisiana is a stand-your-ground state, so there is no duty to retreat before using force in a place where you have a right to be and are not engaged in illegal activity.11Louisiana State Legislature. Louisiana Code RS 14-19 – Use of Force or Violence in Defense In domestic abuse cases, the force used has to be proportional to the threat, and courts scrutinize these claims closely.
Defendants also sometimes challenge the credibility of the allegations, particularly when charges surface during a contentious divorce or custody dispute. Inconsistencies in an accuser’s account can point to fabrication, but they can also reflect trauma, so this line rarely succeeds without strong corroborating evidence.