Definitions of Domestic Violence - Louisiana

Date:

Defined in Domestic Violence Civil Laws

Citation: Rev. Stat. § 9:362; Ch. Code Art. 1565

'Family violence' includes, but is not limited to, physical or sexual abuse and any offense against the person, as defined in the Criminal Code of Louisiana, except negligent injuring and defamation, committed by one parent against the other parent or against any of the children. Family violence does not include reasonable acts of self-defense utilized by one parent to protect himself or herself or a child in the family from the family violence of the other parent.

'Domestic abuse' includes, but is not limited to, physical or sexual abuse and any offense against the person as defined in chapter 1 of title 14 of the Louisiana Revised Statutes, except negligent injury and defamation, committed by one family or household member against another.

Defined in Child Abuse Reporting and Child Protection Laws

This issue is not addressed in the statutes reviewed.

Defined in Criminal Laws

Citation: Rev. Stat. §§ 14:35.3; 14:2(B)

'Domestic abuse battery' is the intentional use of force or violence committed by one household member upon the person of another household member. Any crime of violence, as defined in Rev. Stat. § 14:2(B), against a person committed by one household member against another household member shall be designated as an act of domestic abuse.

The term 'crime of violence' means an offense that has as an element of the use, attempted use, or threatened use of physical force against the person or property of another and that, by its very nature, involves a substantial risk that physical force against the person or property of another may be used in the course of committing the offense or an offense that involves the possession or use of a dangerous weapon. 'Crimes of violence' include, but are not limited to, the following:

  • Solicitation for murder
  • Murder or manslaughter
  • Battery or aggravated assault
  • Rape or sexual battery
  • Intentional exposure to the AIDS virus
  • Kidnapping
  • Aggravated arson
  • Aggravated criminal damage to property
  • Burglary, robbery, or armed robbery
  • Assault by driveby shooting
  • Aggravated crime against nature
  • Terrorism
  • Stalking
  • Second-degree cruelty to juveniles
  • Trafficking of children for sexual purposes
  • Human trafficking
  • Home invasion
  • Domestic abuse aggravated assault
  • Aggravated assault upon a dating partner
  • Domestic abuse battery
  • Battery of a dating partner
  • Violation of a protective order if the violation involves a battery or any crime of violence against the person for whose benefit the protective order is in effect

Persons Included in the Definition

Citation: Ch. Code Art. 1565; Rev. Stat. § 14:35.3

In civil law: 'Family or household member' means spouses, former spouses, parents and children, stepparents, stepchildren, foster parents, foster children, and any person living in the same residence with the defendant as a spouse, whether married or not, if a child or children also live in the residence, who are seeking protection under this chapter.

In criminal law: 'Family member' means spouses, former spouses, parents, children, stepparents, stepchildren, foster parents, and foster children. 'Family member' also means the other parent or foster parent of any child or foster child of the offender.

The term 'household member' includes the following:

  • Any person presently or formerly living in the same residence with the offender
  • Any person who is involved or has been involved in a sexual or intimate relationship with the offender
  • Any child presently or formerly living in the same residence with the offender
  • Any child of the offender regardless of where the child resides