Domestic Abuse Divorce in Louisiana
Louisiana has succeeded in passing several new laws that change the types of divorces a spouse can get. For example, two types of domestic violence or abuse divorces have been added each with its own procedure. Louisiana Code of Civil Procedure has added Art. 103(4) and Art. 103(5) divorces. So, there are several advantages now given to a spouse in an abusive marriage.
Criminal or TRO charges
The first thing to determine is if the abused spouse has filed criminal charges or TRO (temporary restraining order) against the abuser. If so, did the Judge issue a protective order? A protective order would be in place for 6 moths, 12 months, 18 months or for lifetime. In a criminal matter the abuser must have been adjudicated for domestic abuse battery.
Once your spouse has been found guilty of abuse or plead guilty to the charge of domestic abuse battery the spouse seeking the divorce has the right to file for a fault based divorce under La. C.Cr. Pro. Art. 103(5). The abuser is served with the divorce and has the option to fight it. A divorce can be granted by a Judge without a hearing with proof of abuse. This is a slightly easier process than seeking a La. C.Cr. Pro. Art. 103(4) divorce.
Trial for domestic abuse
In the La.C.Cr. Pro. Art. 103(4) domestic abuse divorce in Louisiana the abused must file for divorce in an ordinary procedure, which is similar to filing a law suit. If the abusing spouse responds to a lawsuit a motion to set the case for trial must be filed. A motion for a default judgment must be filed when there is no response from the spouse. Either way the victim of domestic abuse must present their case in front of the Judge or Domestic Commissioner. This trial for a domestic abuse divorce in Louisiana requires testimony and evident to convince the Judge that domestic violence took place. After the hearing the Judge will make their decision.
Advantages of a domestic abuse divorce
Thankfully, there are several advantages for the spouse once the Judge grants the domestic abuse divorce in Louisiana. For example, the spouse has the right to collect spousal support above the minimum 25% of the abusers income and this spousal support can be permanent until death or remarriage. The abuser will be responsible for all court costs and attorney’s fees of the abused spouse. Lastly, use and occupancy of the family home can be extended past the date of the divorce. These measures have been added by the Louisiana State Legislature to provide additional rights for a victim of domestic abuse in Louisiana seeking a divorce. If there are additionally questions or you are in need of a domestic abuse divorce in Louisiana call the Weiser Law Firm at 504-358-2273.