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BloomLegalTV: New Orleans Criminal Defense Lawyer Explains the Laws of Domestic Violence

Seth: Hi, and welcome to the BloomLegal video blog. It’s been a couple weeks since we’ve had anything to say. Sorry, we’ve been busy with football season and had a lot of new cases. But I wanted to talk to you today about one of the most serious cases that’s being pressed all across the country. It comes under the umbrella of criminal defense, and that’s domestic violence.

Domestic violence is defined as violence between any two people that live within the same house. This can be between two brothers, it could be between a husband and wife, it could be between a girlfriend and boyfriend. It can also be between same-sex couples. We see a whole host of these kind of cases constantly. Ever since certain high-profile cases occurred during the 1990s, most notably O.J. Simpson, the United States government and the federal government has cracked down on domestic violence and set up all sorts of programs to fund individual counties and parishes with extra money to prosecute domestic violence.

Years ago, they treated these things as family matters. So if the girlfriend didn’t want to prosecute the boyfriend after the incident, they kind of just let it drop. Certainly, in these kind of cases, they’re complicated because the victim is usually… has a relationship, which is the nature of domestic violence. However, in recent years, because of this federal funding, especially in Orleans Parish and in Jefferson Parish, there’s been new federal dollars tagged to prosecute domestic violence offenders. These programs involve when people are arrested for domestic violence, they have to immediately sign stay-away orders. They go directly to certain anger management classes, and that’s assigned by the judge. And they’re monitored even while waiting the charges to be accepted.

So domestic violence, although a first domestic violence is a misdemeanor, it is a very serious charge and often requires more legal work than some felonies, to be completely frank with you. There are different degrees of domestic violence. In fact, there’s a domestic violence by strangulation where you actually cut off the airway of someone that you live with. That’s a more serious case, and those are treated as felonies. If you’ve been involved in a domestic violence situation, it’s very serious that you, first of all, get away from that situation. Domestic violence is unreported all over the country. It’s extremely dangerous and it’s all over the United States right now. That’s why all these dollars are going towards prosecuting these specific cases. So, if you’re in a situation where there’s domestic violence, my advice is to get out of the situation and call the police.

But, if you are on the arrested end of a domestic violence, especially if you hadn’t touched the person, then you need to get a lawyer. You need to get a lawyer in your specific jurisdiction that understands the law, that understands the variables that make up domestic battery or a domestic violence situation versus just a regular battery. You need to find a lawyer in your jurisdiction with your specific set of facts. Get that lawyer to evaluate it, and he or she can help you with the case.

Again, my name is Seth Bloom from BloomLegal. We’re located at 700 Camp Street. These are just informative blogs, and we talk about the law a little bit. Nothing I say should be taken to represent actual legal advice. You need to advise with your own attorney on each and every specific case, because the facts and circumstances are different in every case. If you have any other questions, give us a call at 504-599-9997. Thanks so much.


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