Domestic violence, unfortunately, impacts many families, leaving lasting emotional, physical, and psychological scars on victims. There are also significant legal implications in Family law and domestic violence. From divorce to child custody, allegations of domestic violence are a critical factor that Louisiana courts consider carefully.
Domestic Violence in Divorce Proceedings
Divorce is a challenging process, and it becomes more complicated when domestic violence is involved. Louisiana is a “fault-based” divorce state, meaning a spouse can file for divorce based on specific grounds, including domestic violence. According to Louisiana law, a spouse can immediately file for divorce if their partner has been convicted of a felony, sentenced to imprisonment, or found guilty of committing domestic abuse during the marriage.
Impact on Spousal Support: Domestic violence significantly influences decisions regarding spousal support. Courts may deny interim or final spousal support to an abusive spouse. If the spouse seeking support has committed domestic violence, the court may order that spouse to pay damages to the victim in addition to any financial support. Louisiana courts also recognize psychological abuse as a basis for such decisions, provided it meets the legal threshold of domestic violence.
Property Division: Louisiana follows a community property regime in divorce cases. This means that, generally, all property acquired during the marriage is considered community property and is split equally between spouses upon divorce. However, domestic violence can affect this division. If the abusive spouse’s actions led to the depletion or misuse of community assets, the court might award a larger share of the remaining property to the victim. Additionally, the court may consider the non-economic contributions of the victim, such as sacrificing career opportunities due to the abusive spouse’s controlling behavior.
Child Custody and Domestic Violence: Domestic violence has a profound effect on child custody disputes. Louisiana courts prioritize the best interests of the child in custody decisions, with domestic violence being a critical factor.
Sole vs. Joint Custody: When domestic violence is proven, Louisiana courts are more likely to award sole custody to the non-abusive parent. This is because exposure to domestic violence can have detrimental effects on a child’s well-being, even if the child was not the direct target of the abuse. However, the abusive parent can still seek joint custody by demonstrating they’ve completed a treatment program and no longer pose a threat. Even so, restricted or supervised visitation is common to ensure the child’s safety. Louisiana courts may suspend or limit visitation entirely if the abusive parent remains a danger.
Parental Rights: In extreme cases, domestic violence may lead to the termination of parental rights in Louisiana. This is a rare measure but can occur when abuse is severe, persistent, and poses a direct threat to the child’s safety. Terminating parental rights is only pursued when it clearly serves the best interest of the child.
Protective Orders and Their Role in Family Law: Louisiana offers protections to victims of domestic violence through protective orders, also known as restraining orders. These orders can prohibit the abuser from contacting or approaching the victim at their home, workplace, or school. Protective orders play a crucial role in divorce and custody cases. For instance, when a protective order is in place, it can serve as evidence in court, strengthening the victim’s case in custody and divorce proceedings. The existence of a protective order may limit the abusive spouse’s involvement in legal processes, ensuring that they do not intimidate or harass the victim during these proceedings. Additionally, protective orders in Louisiana can include provisions for temporary child custody, temporary support, and the exclusive use of the family home. This can offer immediate relief to the victim while the broader family law issues are resolved.
Seeking Domestic Violence Legal Advice
At The Law Office of Michael A. Rosenblatt, we are committed to providing compassionate, informed, and assertive representation for clients dealing with the legal fallout of domestic violence. Our team understands Louisiana’s specific legal landscape and is ready to provide the guidance and representation needed to navigate these complex cases. If you or someone you know is facing domestic violence and requires legal advice, contact our office today to secure your future and the safety of your loved ones.
