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What is domestic violence?

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.

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. 

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.   

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.