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Domestic Violence: A Victim's Legal Rights
by: Acadiana Legal Services Corporation
Q.	Now you can hear a sound recording of these questions and answers! Click here to listen to this LawHelp item. What is domestic violence?

A.	Domestic violence is action used to get and keep power and control over family members or intimate partners. By law, domestic violence includes, but is not limited to: acts of physical and sexual abuse, stalking, and most crimes against the person. Domestic violence hurts victims from every class, race and educational background. It is a serious and common problem in Louisiana. This state has laws to protect victims of domestic violence. If you or someone you love is being abused, know that you have the right to stop the abuse.

Q.	What are my rights if I am a victim of domestic violence?

A.	You have these legal rights and options: Call the police. You can press criminal charges. Keep yourself and your children safe. You may want to go to a safe place first. Remember that if you have children, you have a duty to protect them. Domestic Violence Programs and shelters are all over the state. Call one. Louisiana's Statewide Hotline is 1-800-411-1333 (toll-free, 24 hour, confidential). Get legal help if you want it. Call your nearest legal services program for help if you need it and cannot afford a private lawyer. Get a Protective Order for yourself and your children, if you have any. It is free, and you can apply on your own even without a lawyer. Consider divorce and other more permanent solutions for yourself, your children, and your property, if you are married. It is important to speak with a lawyer about your choices if you want to leave your spouse.

Links:	How To Get A Restraining Order in Louisiana by the Women's Law Initiative
	Statewide Domestic Violence Resources by the Women's Law Initiative

Q.	I don't have a lawyer and I want to get a Protective Order on my own. How do I do it and what protection does it give me?

A.	Go to the office of the Clerk of Court of the state district court for the parish where you live. The form that needs to be filed (called a "petition"), should be there. By law, you should not have to pay any fees (unless you later decide to give up your lawsuit on your own). In the Protective Order, you may try to get: a restraining order (an order making your abuser stay away from you and your children); temporary custody; money support for you and your children; temporary use of community property (property you and your spouse own together); and counseling for your abuser. Once your abuser is served with (given a copy by the sheriff) the petition, a judge holds a hearing. You must be at the hearing to show the judge evidence of the abuse. If possible, you should have at the hearing any pictures, medical records, police reports, witnesses, or other evidence to support your case. This kind of evidence helps the judge, especially when your abuser shows up at the hearing to argue against the Protective Order. Once you get the Order, carry a copy of it with you at all times. The Order should be in police computers, but you may need to show police officers the Order when they cannot check in their computer.

Q.	Do I have other rights or protections because I am a victim of domestic violence?

A.	Being a victim of domestic violence may give you rights or extra protections in different areas. For example: Bankruptcy. You have the right to file for bankruptcy protection from your creditors and discharge your debts, even without your abuser's agreement. At school. You can get an order keeping the abuser from visiting your children's school. On the job. You have the right to expect your employer to keep the workplace reasonably safe. You need to report abuse or harassment to your employer so they have a chance to do something about it. You can also get an order to keep your abuser from calling you and to keep him away from your job. Health insurance. It is illegal for a group health insurance company to deny you, or to charge you more, because you have been or are a victim of domestic violence. Housing. You can usually get a court order to make your abuser leave your home or apartment, for up to 18 months, if you are married to him or you have minor children together. Taxes. You have the right not to file joint tax returns with your abuser. You may have a defense to IRS fines or penalties caused by your abuser. Immigration benefits. Battered spouses and children of U.S. citizens or lawful permanent residents can self-petition (file the paperwork yourself without the abuser's help) the INS to get lawful permanent residency for themselves. Public benefits. Certain requirements to get FITAP (welfare) and Food Stamp benefits may be waived (you would not have to follow certain rules). If it is hard to do anything because of domestic violence, let the agency know about the situation. If the agency gives you a hard time, call your local free legal services program to see if it can help. In getting these benefits, some of the special rules for domestic violence victims are: You can keep your physical address out of agency computer records. The value of resources you own together with your abuser cannot be used against you in determining your eligibility for benefits. You may not have to work or look for work. You shouldn't be cut off benefits because of time limits. Domestic violence is a hardship exemption. You may be entitled to expedited food stamps. You shouldn't have to comply with any rule that would endanger you or your family, or penalize you for the abuse.

Links:	Information for Immigrant Victims of Domestic Violence


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	Last Reviewed On: 09/24/10

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Information, Not Legal Advice.

Esto es solamente información, no es consejo legal.

This web site has been prepared for general information purposes only. The information on this web site is not legal advice. Legal advice depends on the specific facts of each situation. Some information in this web site may not be correct for where you are. The information in this web site is not guaranteed to be up-to-date. The information in this web site cannot replace the advice of competent legal counsel licensed in your state.

Este sitio del Internet fue preparado para dar solamente información. La información en este sitio no es consejo legal. Consejo legal depende de los datos específicos y las circunstancias de cada situación. Es posible que alguna información en este sitio no comporte con el área o la jurisdicción donde usted vive. Es posible que la información en este sitio no esté corriente. La información en este sitio no puede sustituir el consejo de un abogado competente y licenciado en su estado.

Lawyer Advertising. In some jurisdictions this web site may be considered lawyer advertising. The hiring of a lawyer is an important decision that should not be based solely upon advertisements.

Propaganda de Abogados. En algunas jurisdicciones, este sitio puede ser considerado propaganda de abogados. Contratar con un abogado es una decisión importante que no debe depender solamente sobre anuncios.

Any listing of an attorney does not constitute a recommendation of the attorney. Before hiring any attorney, you should investigate the attorney's reputation and qualifications.

Información sobre un abogado no es una recomendación del abogado. Antes de contratar con un abogado, usted debe investigar la reputación y las capacidades del abogado.

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