Domestic Violence, Police Response, and Charges in Louisiana
How Louisiana law enforcement and prosecutors may respond when domestic violence is reported.
Police Response and Domestic Violence Charges in Louisiana
This page gives general information about how police and court processes often work in Louisiana when there is a report of domestic violence or family violence. It is not legal advice, and it may not match every parish or situation. For personalized guidance, speaking with a licensed Louisiana lawyer or a local advocate can help.
When Louisiana Police Respond to a Domestic Incident
When someone calls 911 about a domestic or family violence situation in Louisiana, police will usually be dispatched to the location. What happens can depend on safety risks, local policies, and what officers find when they arrive, but some steps are common:
- Initial safety check – Officers typically separate the people involved, make sure no one needs urgent medical care, and look for immediate safety risks such as weapons.
- Speaking with each person – Police may briefly interview the people involved, and sometimes witnesses (including neighbours or children, if appropriate and safe).
- Looking for physical signs – Officers may look for injuries, property damage, or signs of a struggle. They may note what they see in a report and sometimes take photos.
- Checking for past incidents – Police may run records to see if there are past calls, prior arrests, or existing protective orders.
- Assessing risk – Officers consider the risk of further harm, whether anyone is afraid to stay, and whether emergency protective steps are needed.
If you are unsure what to say to police, you can generally ask whether you are free to leave and if you can speak to a lawyer before answering questions beyond basic identifying information. Police processes can move quickly, especially when they believe someone is in danger.
When an Arrest May Be Made
In Louisiana, officers do not always have to make an arrest at a domestic incident, but they may be required or strongly encouraged to do so when they believe a crime has been committed and there is “probable cause” to support an arrest.
Some common factors officers may consider include:
- Visible injuries or medical evidence
- Statements from the people involved and any witnesses
- Signs of property damage or forced entry
- Whether weapons were involved or threatened
- Existing protective or restraining orders
- History of similar calls or prior arrests
Louisiana law has special provisions for “domestic abuse battery” and related offences. In many situations, officers are expected to identify a “primary aggressor” rather than arresting everyone involved. They may consider:
- Who seems to have acted in self‑defence
- Relative size, strength, and injuries
- History of threats or violence between the people
Even if the person harmed does not want the other person arrested, officers may still arrest if they believe the law has been broken and safety requires action.
Police Report vs. Prosecutor Filing Charges
It can help to separate two main steps in the criminal process:
- Police report – When police respond to a call, they usually create an incident report describing what happened from their point of view. This may include statements, observations, photos, and any arrest information. A report is not the same as formal criminal charges.
- Prosecutor filing charges – In Louisiana, the district attorney (DA) or city prosecutor decides whether to file criminal charges in court. They review the police report and sometimes talk to witnesses, then choose what charges, if any, to bring.
Because of this, the fact that police arrested someone does not guarantee that formal charges will be filed. The DA may:
- File the same or more serious charges than the arrest
- File less serious charges
- Decline to file any charges and “refuse” the case
Post‑Arrest: Booking, Bond, and Court Dates
If police arrest someone in Louisiana for a domestic incident, several steps typically follow:
1. Booking at the Jail
- The person is taken to a local jail or detention centre.
- Officers collect fingerprints, photographs, and basic information.
- Personal property is inventoried and stored.
2. Bond or Release Decisions
In many cases, a judge or magistrate will set bond (also called bail), sometimes based on a schedule and sometimes after a first appearance. They may consider:
- Seriousness of the alleged offence
- Past criminal record
- History of appearing in court when required
- Any known history of threats or violence
The person may be:
- Released on a cash or commercial bond
- Released on conditions without paying money (often called “ROR” or personal recognizance)
- Held with no bond in certain serious cases, at least until a hearing
3. Protective Conditions at Release
When someone is released after a domestic‑related arrest, Louisiana courts often add specific conditions, for example:
- No contact with the person protected by the case
- No going to the home, workplace, or school of the protected person
- No possession of firearms while the case is active, in some situations
- Requirements to follow any existing protective orders
If you are the person protected by bond or release conditions, you do not control those rules, and you can be contacted by the court or prosecutor even if you do not want future contact. Violations of bond conditions are generally taken seriously by Louisiana courts.
4. First Court Dates
After arrest, there are usually one or more early court appearances, such as:
- First appearance/arraignment – The accused is told what charges have been filed and asked to enter a plea (often “not guilty” at this stage).
- Pretrial hearings – The court deals with motions, evidence, and plea discussions between the defence and prosecutor.
- Trial or plea – The case may end in a plea agreement, a trial, or, in some situations, dismissal.
Exact timing can vary by parish, court type (city, district), and how busy the court is.
The Prosecutor’s Role and Survivor Control Over Charges
In Louisiana, once a case is referred to the prosecutor, the district attorney or city prosecutor represents the State, not any individual person. This can feel confusing because:
- The survivor or person harmed often starts the process, but does not control it.
- The prosecutor decides whether to move forward, reduce charges, offer a plea, or dismiss.
- Courts may issue subpoenas requiring witnesses, including survivors, to testify.
Many Louisiana prosecutors have policies to continue some domestic violence cases even if the survivor later asks to drop the charges. They may do this because they believe there is an ongoing safety risk or strong independent evidence.
If you are being asked to come to court or testify and you feel unsafe or unsure, you can usually tell the prosecutor’s office or a victim‑witness coordinator about your concerns. They cannot guarantee outcomes, but they may explain options or safety supports. Additional support options across Canada can be found through resources listed at DV.Support, and similar victim‑service information may exist in Louisiana through local courts or advocacy groups.
Criminal Cases, Protective Orders, and Custody Proceedings
Criminal cases in Louisiana often overlap with family or civil court issues. They are related but separate processes.
Criminal Case vs. Protective Order
- Criminal case – Brought by the State for alleged crimes (such as domestic abuse battery, stalking, or violations of protective orders). The goals are punishment, deterrence, and public safety.
- Protective order – A civil court order that sets rules about contact, distance, and sometimes temporary use of a home or custody. It can exist with or without criminal charges.
You can generally ask for a protective order in Louisiana even if there is no arrest or criminal case. If there is already a criminal case, judges sometimes coordinate conditions so that criminal bond conditions and civil protective orders do not conflict.
Violating a protective order in Louisiana can lead to separate criminal charges, even if the underlying case has not gone to trial yet. The protected person is not usually considered responsible if the other person chooses to violate the order.
Criminal Case and Child Custody
Domestic violence allegations and criminal cases can impact child custody and visitation decisions in Louisiana family courts. Judges may consider, among other things:
- Police reports and arrest records
- Protective orders or stay‑away conditions
- Any history of abuse, threats, or stalking
- Whether the child has witnessed or been affected by the violence
However, custody and visitation are decided in separate family or juvenile court proceedings. A criminal conviction is not always required for the court to consider safety concerns, and each case is assessed on its own facts.
Working With Legal and Support Resources
Because Louisiana law and local court practices can be complex, it can be helpful to:
- Speak with a Louisiana lawyer, legal aid office, or public defender (if you are the accused and qualify)
- Ask a victim‑witness coordinator at the district attorney’s office to explain the criminal process
- Contact a local domestic violence program or shelter for safety planning and information
These supports cannot guarantee outcomes, but they may help you understand your options and possible next steps. This information is general and does not replace legal advice tailored to your specific situation in Louisiana.