Best Domestic Violence Lawyers in Lafayette

About Domestic Violence Law in Lafayette, United States

Domestic violence in Lafayette, Louisiana is addressed through a combination of state criminal laws and civil protective order laws. Lafayette is located in Lafayette Parish and most domestic violence matters are handled in the 15th Judicial District Court. Louisiana law protects people who experience abuse from a spouse, intimate or dating partner, family member, or someone who lives with them or used to live with them. Abuse can include physical harm, threats, stalking, sexual assault, intimidation, and the destruction of property. Survivors can seek immediate safety through police intervention and through civil court protective orders that restrict contact and can include temporary custody and housing protections.

Louisiana treats domestic abuse as a serious crime, with enhanced penalties when children are present, when strangulation is involved, or when there are repeat offenses. Courts can order a person who committed abuse to stay away, move out, surrender firearms when required by law, and follow other conditions aimed at preventing further harm. Protective orders issued in Louisiana are enforceable statewide and in other states.

Why You May Need a Lawyer

Many people can file for protection on their own, but domestic violence cases often involve complex issues where a lawyer can help protect your rights and safety. You may want a lawyer if you need a protective order and want to include provisions such as temporary custody, support, exclusive use of a home or vehicle, or firearm surrender requirements. A lawyer can prepare evidence, represent you at the hearing, and ensure the order covers what you need.

You may need a criminal defense or victim counsel if there are criminal charges such as domestic abuse battery, assault, stalking, or violating a protective order. A lawyer can explain possible outcomes, bond conditions, plea options, and the impact on firearms, employment, and immigration status. If you are separating or divorcing, a lawyer can connect the protective order case to custody, visitation, child support, and property issues. If you are an immigrant survivor, a lawyer can advise on options such as VAWA self petitions, U visas, or T visas. If you are accused of abuse and believe you were wrongly identified as the primary aggressor, a lawyer can help you present defenses and protect your due process rights.

Local Laws Overview

Key Louisiana statutes apply in Lafayette Parish. Domestic abuse battery and related crimes are prosecuted under Title 14 of the Louisiana Revised Statutes. Protective orders are governed by several civil laws, including the Domestic Abuse Assistance Act, the Protection from Dating Violence Act, and separate laws for sexual assault and stalking protective orders. Courts consider a wide range of relationships, including current or former spouses, co parents, cohabitants, family members by blood or marriage, and dating partners.

Protective orders come in two main stages. First, an emergency temporary restraining order can be issued without the abuser present if you show an immediate risk. This often takes effect the same day and remains in place until a full hearing. Second, after a court hearing where both sides can be heard, the court can issue a final protective order. Final protective orders typically last up to 18 months. Some conditions, such as the prohibition on abuse, can be issued for a longer period under Louisiana law. Violating a protective order is a separate crime.

Louisiana requires law enforcement officers to identify the primary aggressor rather than arresting both parties whenever possible. Officers must use all reasonable means to prevent further abuse, which can include arresting the primary aggressor, helping you obtain medical treatment, and assisting with safe transportation. Courts and prosecutors can also order no contact conditions as part of bond, probation, or a criminal sentence.

Firearms restrictions are significant. Louisiana and federal law can prohibit firearm possession when a qualifying protective order is in place after a hearing or after certain domestic violence convictions. Courts can order firearm transfer and proof of compliance. It is very important to talk with a lawyer about firearm consequences if you are a survivor seeking protection or if you are a defendant facing charges or a protective order.

Custody laws give special weight to domestic violence. Under Louisiana law, a finding of family violence can affect custody, visitation, and decision making. Courts may presume that it is not in a child’s best interest to award sole or joint custody to a parent who has committed family violence, unless the court finds that safe conditions can be put in place. Protective orders can include temporary custody and visitation provisions to protect children and the non abusive parent.

In Lafayette Parish, civil protective order cases are typically filed with the Lafayette Parish Clerk of Court for the 15th Judicial District Court. There is no filing fee to seek a protective order. The sheriff’s office usually serves the other party with the papers so the order can be enforced. Local victim advocates and the District Attorney’s Victim Assistance Program can help with forms and safety planning.

Frequently Asked Questions

What counts as domestic violence in Lafayette, Louisiana

Domestic violence includes physical abuse, attempted physical harm, threats that cause fear of harm, stalking, harassment, sexual assault, and coercive control by a spouse, intimate or dating partner, household member, or family member. Property destruction and threats to pets can also be part of a pattern of abuse. Louisiana law recognizes abuse by current or former partners, by people who share a child, and by certain family members.

How do I get a protective order in Lafayette

You can file a petition for a protective order at the Lafayette Parish Clerk of Court for the 15th Judicial District Court. In emergencies, a judge can issue a temporary restraining order the same day based on your sworn statement. A hearing for a final order is set soon after. Local shelters and the District Attorney’s Victim Assistance Program can help you complete the paperwork and plan for safety.

How fast can I get protection

If a judge finds an immediate risk, a temporary restraining order can be issued ex parte on the day you file. It becomes enforceable when the other person is served by law enforcement. A full hearing for a final protective order is typically held within a short timeframe set by the court. You should keep a copy of the order with you and inform schools and employers as needed.

Does it cost money to file for a protective order

No. Louisiana law does not require a filing fee for protective orders related to domestic abuse, dating violence, sexual assault, or stalking. There may be costs related to copies or service in some situations, but courts and law enforcement typically handle service at no cost in these cases.

What happens if the abuser violates a protective order

Call 911. Violating a protective order is a crime in Louisiana and can lead to arrest, jail time, and additional charges. Keep records of violations, such as messages, call logs, or sightings, and report them to law enforcement. The court can also hold the person in contempt and modify or extend the order.

Will the court take guns away from the abuser

Possession of firearms can be restricted when a final protective order is issued after a hearing or when a person is convicted of certain domestic violence offenses. Courts can order the person to surrender firearms and file proof of transfer. Federal law can also prohibit possession by people subject to qualifying protective orders or convictions. Talk with a lawyer about how these rules apply in your case.

How does domestic violence affect child custody and visitation

Louisiana courts prioritize child safety. If the court finds family violence, it may limit or deny custody to the abusive parent and restrict visitation. Supervised visitation or other safety conditions may be ordered. The court can include temporary custody and visitation terms in a protective order to protect children and the non abusive parent.

Can I keep my address confidential

Yes. Louisiana offers an Address Confidentiality Program through the Secretary of State that provides a substitute mailing address for survivors. Courts can also keep certain contact information confidential in protective order filings. Ask an advocate or lawyer about enrolling and about how to safeguard your information in court papers.

I am an immigrant. Can I get help without risking my status

Yes. You can seek police help and protective orders regardless of immigration status. Many survivors may qualify for immigration options such as VAWA self petitions, U visas for crime victims, or T visas for trafficking survivors. Talk with an attorney who understands both family violence and immigration law to avoid risks and preserve your options.

Do I need a lawyer to get a protective order

You are not required to have a lawyer, and many people obtain temporary orders with the help of advocates. However, a lawyer can improve your chances of getting strong protections, especially if you need custody, support, firearm surrender, or other complex terms. A lawyer can also represent you at the hearing and coordinate your civil case with any criminal proceedings.

Additional Resources

Emergency help is always available by calling 911. For confidential support, call the National Domestic Violence Hotline at 800-799-7233 or text START to 88788. Louisiana’s statewide domestic violence hotline is 888-411-1333.

Faith House of Acadiana provides shelter, advocacy, and legal outreach services for survivors in the Lafayette area. The Louisiana Coalition Against Domestic Violence coordinates statewide services and can connect you with local programs. The 15th Judicial District Attorney’s Office has a Victim Assistance Program that can help with safety planning, court accompaniment, and protective order forms.

For child safety concerns, contact the Louisiana Department of Children and Family Services Child Abuse Hotline at 855-452-5437. For general community referrals, call 211. The Louisiana Crime Victims Reparations Program may help cover certain expenses such as medical care or counseling related to a crime. Ask an advocate or attorney how to apply.

Next Steps

If you are in immediate danger, call 911. Once you are safe, consider the following steps. Document abuse by saving messages, photos, medical records, and witness names. Speak with a local advocate who can help you create a safety plan and assist with protective order paperwork. File for a temporary restraining order at the Lafayette Parish Clerk of Court and attend your hearing with any evidence and witnesses.

Consult a lawyer to discuss protective orders, custody and support, housing rights, firearms issues, and how any criminal charges may affect you. If cost is a concern, ask about legal aid, pro bono clinics, or limited scope representation. If you are an immigrant survivor, contact a lawyer who handles both family violence and immigration matters. Keep copies of all court orders with you at all times and provide copies to schools, childcare providers, and your workplace as needed.

This guide is general information. Laws and procedures can change, and each case is different. Speaking with a qualified Louisiana attorney or a trained advocate in Lafayette can help you understand your options and choose the safest, most effective path forward.