Domestic abuse is a very serious crime that can have implications for your custody rights. Whether you are seeking protection from an alleged abuser or protecting your parental rights during a family court case, it is important to understand the connection between domestic abuse battery charges and child custody.
Legal representation in these matters can be crucial. P. Michael Davis, Attorney at Law, knows how to guide a case toward an outcome that aligns with his clients’ goals.
Understanding Domestic Abuse Battery Charges in Louisiana
Louisiana’s criminal laws set harsh penalties for anyone convicted of seriously harming a member of their household or family, including certain romantic partners. Specific conduct addressed by Louisiana’s domestic abuse battery law includes strangulation, burning, and abuse committed against a pregnant victim. A first conviction can lead to 30 days to six months in jail and a fine of $300 to $1,000.
You must generally serve at least 48 hours of the sentence without the benefit of parole, probation, or suspension of sentence. A second conviction can lead to 60 days to one year in jail and a fine of $750 to $1,000. These laws aim to reduce the occurrence of domestic abuse in Louisiana, which remains a serious and pervasive problem in the state.
On September 10, 2025, all 16 domestic violence programs in the state participated in a one-day survey, which found that 805 victims were served and 221 hotline contacts were received. An estimated 1.8 million Louisiana adults have experienced intimate partner violence during their lifetime, according to a 2025 statewide study led by Tulane University. When abuse allegations coincide with a custody case, they can affect the outcome of the family court dispute.
How Can Domestic Abuse Battery Accusations Affect My Custody Case?
Domestic abuse battery accusations can affect a custody case because Louisiana courts must consider the child’s “best interests” when making custody decisions. Allegations involving violence against the child, the other parent, or another household member could influence decisions about physical custody, legal custody, and visitation.
A judge may consider evidence of domestic violence when evaluating the safety and stability of a proposed custody arrangement. Criminal charges can also introduce evidence and court proceedings that overlap with the family law case. Both parents may need to present evidence addressing the allegations and their potential impact on the child’s well-being.
Why You Should Hire a Domestic Abuse Lawyer?
Louisiana has roughly 52,000 people serving time behind bars, and a conviction for domestic abuse battery can lead to serious consequences that can jeopardize your freedom, reputation, and livelihood. Whether you are based in Allendale-Lakeside, West Gate Terrace, or another neighborhood in or near Shreveport, cases involving domestic abuse allegations require a strategic and results-driven approach.
When you hire a domestic abuse lawyer, you benefit from their many years of experience and deep knowledge of child custody laws. If you are seeking protection through the court, a Shreveport domestic abuse lawyer from P. Michael Davis, Attorney at Law, can explain the implications for your child custody arrangement.
Our founding attorney practices both family and criminal law, so he knows how to pursue Shreveport domestic abuse penalties that can hold your abuser accountable for the harm they cause. If you have been accused of domestic abuse and have concerns about how those charges will affect your family court case, our legal team can evaluate your situation, explore strategies for contesting the charges, and protect your parental rights in family court.
FAQs
How Does Domestic Abuse Affect Child Custody in Louisiana?
Domestic abuse can have a direct effect on child custody. Louisiana courts consider the “best interests” of the child when determining custody, so evidence of abuse can significantly affect how one party is viewed in a custody dispute.
A judge may consider allegations involving violence against the child, the other parent, or another household member when deciding custody and visitation arrangements. Domestic violence can also trigger specific custody restrictions under Louisiana law and a parent can seek emergency custody if a child faces immediate danger.
What Are the Penalties for Domestic Abuse Battery in Shreveport, LA?
The penalties for domestic abuse battery in Shreveport are serious and potentially life-altering. A conviction can result in incarceration, fines, probation, and other court-imposed requirements. The penalties generally become more severe for subsequent convictions. Louisiana law also provides enhanced penalties for certain forms of domestic abuse battery, including strangulation, burning, serious bodily injury, or violence against a victim who is pregnant.
What Is the Sentence for Domestic Abuse Battery in Louisiana?
The sentence for domestic abuse battery depends on the facts of the case, whether the defendant has past criminal convictions, and other factors. Under Louisiana law, a first conviction can result in 30 days to six months in jail and a fine of $300 to $1,000. Subsequent convictions carry increasingly severe penalties, and aggravating factors can expose a defendant to even harsher penalties.
What Should I Do If I’m Accused of Abusing a Family Member?
If you are accused of abusing a family member, you should hire an attorney who can manage your charges. Avoid discussing the allegations with potential witnesses or taking actions that could violate a protective order or any other court order. An attorney can:
- Review the evidence.
- Explain how the criminal allegations could affect related family court proceedings.
- Build a defense against the charges.
What Type of Lawyer Do I Need for Domestic Abuse Cases?
The type of attorney you need for a domestic abuse case depends on whether you are the victim or the alleged assailant in the case. If you have been charged with a crime, you should secure representation from an experienced criminal defense lawyer. These cases can affect family court disputes, so representation from a law firm that can handle legal processes in both venues can be crucial.
Talk to a Shreveport Domestic Abuse Battery and Child Custody Lawyer
Domestic abuse battery allegations can affect your freedom, your relationship with your family, and even your access to your children. When criminal charges and a child custody dispute overlap, having an attorney who understands both sides of the legal matter can be particularly important.
P. Michael Davis, Attorney at Law, is a former public defender with extensive experience in handling complex cases through local criminal courts. Having represented defendants facing serious allegations, he understands how to scrutinize evidence, question witness testimony, and prepare a case for trial when necessary. Contact our Shreveport office today to discuss your case and legal options.
