According to the Louisiana Civil Code, a divorce can be granted on the grounds of domestic abuse, which remains a significant concern in Louisiana. Reports indicate that over 35,000 incidents of domestic violence occur in the state each year. This article aims to provide a comprehensive understanding of Louisiana’s divorce laws, specifically for those victims who wish to leave their abusive spouse.
Gaining Insight into Divorce in Louisiana
In Louisiana, to obtain a divorce, including one based on domestic abuse, it is necessary for one of the spouses to have been a resident of the state for at least six months before filing the divorce petition. Moreover, Louisiana follows a "no-fault" system, enabling either spouse to seek a divorce without needing to prove fault or assign blame.
Grounds for Divorce: Highlighting Domestic Abuse
Domestic abuse stands as one of the specific grounds for divorce in Louisiana. Victims filing for divorce based on domestic abuse must gather evidence of the abuse to present to the court. The following actions qualify as grounds for divorce in Louisiana:
- Instances of physical abuse or violence
- Cases of sexual abuse or violence
- Episodes of emotional abuse or cruelty
- Stalking incidents
- Harassment occurrences
- Acts of intimidation
It is crucial for victims to meticulously document any instances of domestic abuse, such as capturing photographs of injuries and maintaining a detailed journal chronicling the events. Additionally, preserving documentation related to medical care sought due to abuse, medical records reflecting the extent of injuries, or even police reports if applicable can provide additional support when presenting evidence.
Utilizing Protective Orders for Safety
Victims of domestic abuse in Louisiana have the option to seek a protective order—a court-issued directive that prevents the abuser from causing harm. Once a protective order is granted, the abuser is legally required to keep a distance from the victim and their children. Violating a protective order can lead to criminal charges against the abuser.
Immediate Protection: Temporary Restraining Orders
Certain situations may necessitate immediate protection from the abuser. In such cases, victims can seek a temporary restraining order (TRO) from the court. A TRO functions as a court order prohibiting the abuser from contacting or coming near the victim and their children. A hearing is typically scheduled within a few days to determine if the issuance of a full protection order is necessary.
Locating Support Services
For victims of domestic violence in Louisiana, assistance is readily available. The Louisiana Coalition Against Domestic Violence operates as a network encompassing various domestic violence programs throughout the state. This organization offers services such as shelter provisions, legal aid, counseling, and advocacy services to victims. By reaching out to these support networks, victims can access essential resources.
In Conclusion
Domestic violence remains a grave issue impacting numerous families in Louisiana. If you find yourself subjected to domestic violence, it is critical to be aware of your rights and the available legal options. When seeking a divorce based on domestic abuse, compiling concrete evidence becomes essential. Protective orders and temporary restraining orders serve as effective measures in safeguarding victims and their children against further harm. It is important to remember that assistance is within reach, with organizations like the Louisiana Coalition Against Domestic Violence committed to providing support and ensuring victims are not alone in their struggle.