Lake Charles Domestic Violence Lawyer

Any family law case can involve complex and strained relationships, but this is especially true of cases involving domestic violence. Domestic violence is incredibly dangerous and damaging, and victims of these crimes deserve protection. However, both individuals in this situation have rights. A Lake Charles domestic violence lawyer is crucial to upholding these rights.

Domestic violence cases can involve both family and criminal courts. Protective orders can be made in family court. Those who are filing protective orders and those who are facing these actions need legal support during this strenuous time.

Accusations of domestic violence can affect divorce, custody, and other family legal matters. Whether you are a victim of domestic violence or are facing accusations, it is important that your attorney understands how to navigate these especially complex cases.

Godley Law Firm: Dedicated and Compassionate Legal Support in Lake Charles

Claims of domestic violence should be taken seriously by all parties. If one party or their children are in danger, this must be accounted for, and the individuals must be protected. If false accusations are made that affect custody arrangements or other court decisions, this must be addressed and righted.

At the Godley Law Firm, we have handled family law cases involving domestic violence accusations in many different circumstances. We understand how complex these cases can be. Willian L. Godley has more than 25 years of legal experience supporting families and their interests. He understands the protection that all individuals in these terrifying situations deserve and provides compassionate and experienced legal support.

He focuses on the interests of children involved in family law cases, helping families find a solution that protects the well-being of their children. Accusations of domestic violence can affect you for the rest of your life. It is important that you work with an attorney to protect your interests. Domestic violence is an incredibly serious and traumatic situation that can affect a victim for years. Legal support can help you get the protection that you need.

How Louisiana Defines Domestic Violence

Domestic violence involves violent, harassing, and threatening behaviors by one person against their family members or other household members. A family member can include the following individuals in relation to the offender:

• Spouse or former spouse
• Parent, step-parent, or foster parent
• Children, stepchildren, or foster children
• Other ascendants
• Other descendants
• The other parent or foster parent of the offender’s child or foster child

A household member includes the following individuals in relation to the offender:

• An individual currently or previously living in the same residence that has been in an intimate or sexual relationship
• A child currently or previously living in the same residence
• Any child of the offender, no matter where the child resides

There are many potential actions and offenses that can be considered domestic abuse. Criminal offenses of domestic violence are the most serious, but other actions or behaviors can also be considered abuse in a family law case. Your attorney can help you understand your situation and how it may affect a family law case or a petition for a protective order.

What Offenses May Be Domestic Violence?

Domestic violence is underreported in many areas, often due to the fear of retaliation and isolation created by an abuser. There are many forms of domestic violence, including:

• Stalking, aggravated stalking, and cyberstalking
• Harassment
• Verbal or physical threats
• Physical abuse and assault
• Sexual assault
• Violation of a protective order
• Criminal abandonment or neglect

These are general criminal behaviors that can become domestic violence offenses when committed against a family or household member. There are also specific criminal offenses linked to domestic violence, including domestic abuse battery and domestic abuse aggravated assault. These offenses refer to force, violence, or assault with a deadly weapon against a family member or household member.

If you are a victim of domestic violence, an attorney can help you determine your next steps, including securing support systems and determining what type of protective order is appropriate, among other actions. An attorney can also help you navigate how such a case may impact an ongoing or future family law case, including divorce, property division, custody, and spousal or child support.

Protective Orders in Family Law Domestic Violence Cases

A protective order can give a victim of abuse, harassment, or another crime some relief. It can prohibit the offender from being near the victim, contacting them, or going near their school or work. The order can also require that the abuser move out of a shared home. The exact parameters of the protective order will depend on the needs of the victim, the discretion of the court, and the type of protective order.

There are temporary restraining orders, protective orders, injunctions against abuse, and criminal orders of protection. These different orders last different periods of time and can require different levels of proof. A protective order, unfortunately, cannot prevent contact with your abuser, but it can provide consequences if they break the requirements. If the offender violates the protective order, they can be criminally charged. This can result in months in jail and serious fines.

If you are unsure how to file for a protective order or if it is necessary for your case, a skilled attorney can help. An attorney can listen to the situation you or your loved one are in, explain your rights, and determine what options you have to protect yourself and your children.

Facing Domestic Violence Accusations

If you are on the other side of a potential protective order and accusations of domestic violence, you also have rights. These actions can have significant consequences on your life, so it is important that you do not take them lightly. False accusations of domestic violence are not uncommon, especially in divorce or custody cases that are already contentious.

These claims may occur in the hopes of getting an advantage, such as sole custody, spousal support, or a greater share of marital assets. A spouse or co-parent may also make false claims out of spite. Claims of domestic violence can also have a partial truth to them, making it even harder to prove that there have been misinterpretations. Accusations can happen after a misunderstanding or mutual violence between partners.

A victim of domestic violence can even find themself facing accusations from their abuser. Whatever the reason, accusations can substantially affect the outcome of your family law case if you do not take action. These situations are complex and very difficult for everyone involved. It is essential that you find an attorney who understands domestic violence and how it affects a divorce or custody case and knows how to effectively defend you properly.

Facing Protective Orders

You may think that because you do not wish to see the other party, there is no harm in allowing them to file a protective order against you. This is not true. A protective order could significantly affect your life. If you live with the alleged victim, you could be forced to move out. You may be unable to have contact with your children and other family members. Protective orders can also affect your record and your employment.

If you have received papers regarding protective orders that have already been filed or a hearing for protective orders, you need an attorney’s support. The right legal support can advocate for your rights and potentially prevent a longer protective order from being filed. An attorney can also help you determine how a protective order and the accusations against you may impact any other family law case you are involved in.

Criminal Consequences of Domestic Violence

If you are facing potential civil or criminal court penalties, it is important to understand the consequences these charges can have. If you are a victim of domestic violence, it can be helpful to understand the penalties that await your abuser, particularly how long they may be imprisoned. Conviction of a domestic violence charge can prevent the offender from owning or using a firearm, among other criminal consequences.

Domestic abuse battery could result in the following penalties:

• Between 30 days and six months in jail
• Between $300 and $1,000 in fines
• 48 hours of that sentence must be serviced without probation or suspension

Penalties can be aggravated and can result in the individual serving up to three years in prison if:

• A child of 13 or younger was present
• The victim was pregnant
• The offense involved strangulation
• The offense was committed by burning

Penalties can be further aggravated if serious bodily injury occurred, there was the use of a dangerous weapon, or the force used was intentional.

Domestic abuse aggravated assault can result in the following penalties:

• Between one and five years in prison
• A fine of up to $5,000

The sentence can include a mandatory minimum of two years imprisonment without parole or suspension if a child of 13 or younger was present during the offense. A first offense for violations of a protective order results in fines of up to $500, up to six months of imprisonment, or both.

Collateral Consequences of Domestic Violence

In addition to criminal consequences, there are also lifetime collateral consequences of having a permanent criminal record. It can affect current employment, education, and future opportunities. It can also prevent someone from entering certain fields of employment.

FAQs:

Work With a Caring and Respected Domestic Violence Attorney

At the Godley Law Firm, we have managed claims of domestic violence on both sides of a family law case. We understand the process of filing and advocating against protective orders. Our firm wants to help you protect your rights and advocate for your interests. Contact the Godley Law Firm today.