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Find a Lawyer in LafayetteAbout Domestic Violence Law in Lafayette, United States
Domestic violence in Lafayette is addressed through a combination of Louisiana state laws and local court procedures in Lafayette Parish. The law protects people who experience abuse from a spouse, ex-spouse, dating partner, family member, or household member. Abuse can include physical harm, threats, stalking, harassment, sexual assault, emotional abuse, property damage, and coercive control. Help is available through civil courts for protective orders and through the criminal justice system when a crime is reported and investigated.
Lafayette Parish courts, law enforcement, prosecutors, and community organizations coordinate responses that prioritize safety, access to protective orders, and support services. If you are in immediate danger, call 911. If you need confidential guidance, you can contact a domestic violence hotline at any time.
Why You May Need a Lawyer
Many people seek a lawyer in domestic violence situations to understand their rights, navigate time-sensitive court filings, and protect their safety and family. A lawyer can help file or defend a protective order, prepare for and appear at a protective order hearing, gather and present evidence, and request tailored protections such as no-contact provisions, exclusive use of the home, custody and visitation terms, and financial support orders. If criminal charges are involved, a lawyer can advise on bail, no-contact conditions, plea options, trial strategy, and long-term consequences, including firearm restrictions and immigration issues.
Parents often need legal help to address child custody and visitation safely. Survivors may need help with housing issues, early lease termination, relocation planning, address confidentiality, and crime victim compensation. People who are accused of domestic violence should also consider counsel because even a misdemeanor conviction can carry serious consequences for employment, housing, custody, and firearm rights. Legal advice can help you avoid mistakes, meet deadlines, and make a plan aligned with your goals and safety.
Local Laws Overview
Domestic violence law in Lafayette is primarily governed by Louisiana statutes and handled locally in Lafayette Parish courts. Key features include civil protective orders and criminal enforcement.
Civil protective orders. Louisiana offers several types of civil protective orders that can be requested in Lafayette Parish District Court. Under the Domestic Abuse Assistance Act, Louisiana Revised Statutes 46:2131 et seq., a family or household member who has experienced abuse may seek a temporary restraining order and a protective order after a hearing. Protection for dating partners is available under the Protection from Dating Violence Act. There are also protective orders for stalking and sexual assault. Judges can grant no-contact provisions, order the abusive person to leave the shared home, award temporary custody and support, and set other safety measures. Courts often issue an emergency ex parte order first, followed by a full hearing usually within a few weeks. Filing fees are commonly waived in protective order cases.
Criminal offenses. Common charges include domestic abuse battery, domestic abuse aggravated assault, stalking, sexual assault, and violation of protective orders. Violation of a protective order is a crime. When police have probable cause to believe a domestic abuse crime occurred, they can arrest the suspected offender. The criminal court can impose no-contact conditions as part of bail or probation.
Firearms. Both federal and Louisiana law restrict firearm possession by certain individuals who are subject to qualifying protective orders or who have been convicted of domestic violence offenses. Judges can order firearm surrender as part of a protective order. Violations can lead to separate criminal charges and federal consequences.
Child custody and visitation. Louisiana has special protections for children and survivors in custody cases when there is a history of family violence. Courts may limit or supervise visitation, order exchanges in safe locations, and require completion of intervention programs before expanding contact. Safety planning for children is a priority in Lafayette Parish family courts.
Housing. Louisiana law provides certain tenant protections for survivors, including the ability to request lease changes or early lease termination in some circumstances with proper documentation. A lawyer or housing advocate can help you understand available options and required proof.
Address confidentiality. Louisiana offers an Address Confidentiality Program that can provide a substitute address for survivors to use on public records, including court filings, voter registration, and school records. This can help reduce the risk of being located by an abuser.
Frequently Asked Questions
What counts as domestic violence in Lafayette
Domestic violence includes physical harm, attempts to cause harm, threats, stalking, harassment, sexual assault, and other behavior used to control or intimidate a spouse, ex-spouse, dating partner, family member, or household member. You do not need visible injuries to qualify for protection. Threats and coercive behavior can be enough to obtain a protective order.
How do I get a protective order in Lafayette Parish
You can file a petition for a protective order with the Lafayette Parish Clerk of Court. In emergencies, the court can issue a temporary restraining order the same day without the other person present. A full hearing is then scheduled where both sides can appear and present evidence. Court staff and victim advocates can help with forms. There is no filing fee for protective order petitions. If you are in immediate danger, call 911.
How long does a protective order last
Emergency orders usually last until the hearing date. After the hearing, a final protective order commonly lasts up to 18 months, and some provisions may be extended or made longer at the court’s discretion. If the abusive conduct continues, you can ask the court to extend the order before it expires.
Can the court make the abusive person leave the home
Yes. If you share a residence, the court can grant you exclusive use of the home and order the other person to move out as part of a protective order when necessary for safety. You can also request law enforcement to accompany you for a civil stand-by to retrieve personal belongings safely.
What happens if a protective order is violated
Violating a protective order is a crime in Louisiana. Call law enforcement right away, document the violation, and keep any messages or evidence. The court can also hold the violator in contempt and modify or strengthen the order. Repeated violations can lead to enhanced penalties.
Will a domestic violence case affect child custody
Yes. Evidence of family violence is highly relevant in custody cases. Judges must consider safety and may impose supervised visitation, safe exchange locations, and restrictions to protect the child and the non-abusive parent. If you have a protective order, bring it to all custody hearings.
Do I have to go to court to get help
You do not have to report to police to seek a civil protective order, and you can ask advocates to help you file. If there are criminal charges, you may be asked to testify, but victim advocates and prosecutors can discuss options, subpoenas, and safety planning. You can also access counseling, shelter, and safety planning without court involvement.
Will domestic violence charges affect firearm rights
People who are subject to certain protective orders or convicted of domestic violence offenses may be prohibited from possessing firearms under federal and Louisiana law. Courts can order firearm surrender and certify compliance. Violations can result in separate criminal charges. If you are unsure how an order affects you, speak with a lawyer immediately.
I was accused of domestic violence. Should I contact the other person to explain
No. If there is any court order, bond condition, or police instruction that limits contact, you must not reach out, even through third parties. Violations can lead to arrest and new charges. Hire a lawyer to communicate on your behalf and to review the allegations, evidence, and defense options.
Can non-citizens seek protection
Yes. Immigration status does not prevent you from seeking a protective order or reporting a crime. Some survivors may qualify for federal immigration protections such as a U visa or relief under the Violence Against Women Act. Speak with an attorney who understands both immigration and Louisiana family law to protect your status and safety.
Additional Resources
Lafayette Parish Clerk of Court. Provides protective order forms, filing assistance, and hearing schedules. Ask for information about the Uniform Abuse Prevention Order forms used statewide.
15th Judicial District Attorney Victim Assistance. Offers safety planning, court accompaniment, and updates for victims in criminal cases. The 15th Judicial District serves Lafayette Parish.
Lafayette Police Department and Lafayette Parish Sheriff’s Office. Respond to emergency calls, enforce protective orders, and document incidents. For emergencies call 911.
Faith House of Acadiana. Local domestic violence program offering a crisis line, shelter, advocacy, court accompaniment, and safety planning for survivors in Lafayette and surrounding parishes.
Family Justice Center of Acadiana. A one-stop location where survivors can access advocacy, legal services, law enforcement, and counseling in one place.
Acadiana Legal Service Corporation. Provides free or low-cost civil legal help for eligible clients, including protective orders, custody, and housing issues related to domestic violence.
Louisiana Coalition Against Domestic Violence. Statewide coalition that connects survivors with local programs, training, and policy information, and can help you find services in Lafayette Parish.
Louisiana Address Confidentiality Program. A program of the Louisiana Secretary of State that provides a substitute address to help keep your location private on public records.
National Domestic Violence Hotline. 800-799-7233. Confidential 24-7 support with safety planning and referrals to local services.
Louisiana 211. Call 211 to be connected with local resources, including shelter, counseling, legal aid, and crisis services.
Next Steps
Focus on immediate safety. If you are in danger, call 911. Consider a safety plan that covers where you can go, how to secure important documents, and who you can contact for help. Advocates can help you build a personalized plan.
Document incidents. Save messages, call logs, photos of injuries or damage, medical records, and witness names. Keep copies in a safe place or with someone you trust. This evidence can support your request for a protective order or help in a criminal case.
Seek a protective order if needed. Visit the Lafayette Parish Clerk of Court to file. Ask about same-day temporary orders and upcoming hearing dates. Advocates from local programs can assist you with forms and attend court with you.
Talk to a lawyer. A lawyer can explain your rights, represent you at hearings, and coordinate with law enforcement and advocates. If cost is a concern, contact Acadiana Legal Service Corporation or ask the court or a local program for referrals to free or low-cost help.
Address family, housing, and financial needs. Ask the court about temporary custody, safe visitation, support orders, and exclusive use of the home. Explore tenant protections if you need to relocate. Consider applying for crime victim compensation to help with eligible expenses.
Follow through and update your plan. Attend all hearings, comply with court orders, and keep certified copies of your protective order with you. Report any violations to law enforcement. Revisit your safety plan as circumstances change and keep your support network informed.
This guide provides general information about domestic violence law and process in Lafayette Parish, Louisiana. Laws and procedures can change. For advice on your specific situation, consult a licensed Louisiana attorney.
Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation. We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.