Child Witnesses to Domestic Violence - Louisiana

Date: January 2021

Circumstances That Constitute Witnessing

Citation: Rev. Stat. § 14:35.3(I)

In criminal law: When the State proves, in addition to the elements of the crime of domestic abuse battery as set forth in § 14:35.3(A), that a minor child age 13 or younger was present at the residence or any other scene at the time of the commission of the offense, an additional penalty will apply, as described below.


Citation: Rev. Stat. § 14:35.3(I); Children's Code Art. 1570.1

In criminal law: When the circumstances described above apply the offender, in addition to any other penalties imposed pursuant to this section, shall be imprisoned at hard labor for no more than 3 years.

In civil law: All court costs, attorney fees, costs of enforcement and modifications proceedings, costs of appeals, evaluation fees, and expert witness fees incurred in maintaining or defending any proceeding concerning domestic abuse assistance in accordance with the provisions of this chapter shall be paid by the perpetrator of the domestic violence, including all costs of medical and psychological care for the abused adult or for any of the children, necessitated by the domestic violence.