Louisiana Revised Statutes 46:2140 – A. If a law enforcement officer has reason to believe that a family or household member or dating partner has been abused and the abusing party is in violation of a temporary restrai
Terms Used In Louisiana Revised Statutes 46:2140
- Arrest: Taking physical custody of a person by lawful authority.
- Dating partner: means any person protected from violence under La. See Louisiana Revised Statutes 46:2132
- Domestic abuse: includes but is not limited to physical or sexual abuse and any offense against the person, physical or non-physical, as defined in the Criminal Code of Louisiana, except negligent injury and defamation, committed by one family member, household member, or dating partner against another. See Louisiana Revised Statutes 46:2132
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
- person: includes a body of persons, whether incorporated or not. See Louisiana Revised Statutes 1:10
- Probable cause: A reasonable ground for belief that the offender violated a specific law.
- Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.
A. If a law enforcement officer has reason to believe that a family or household member or dating partner has been abused and the abusing party is in violation of a temporary restraining order, a preliminary or permanent injunction, or a protective order issued pursuant to La. Rev. Stat. 9:361 et seq., La. Rev. Stat. 9:372, La. Rev. Stat. 46:2131 et seq., La. Rev. Stat. 46:2151, La. Rev. Stat. 46:2171 et seq., Children’s Code Article 1564 et seq., Code of Civil Procedure Articles 3604 and 3607.1, or Code of Criminal Procedure Articles 30, 327.1, 335.1, 335.2, and 871.1, the officer shall immediately arrest the abusing party.
B. If a law enforcement officer has reason to believe that a family or household member or dating partner has been abused, and the abusing party is not in violation of a restraining order, a preliminary or permanent injunction, or a protective order, the officer shall immediately use all reasonable means to prevent further abuse, including:
(1) Arresting the abusive party with a warrant or without a warrant pursuant to Code of Criminal Procedure Article 213, if probable cause exists to believe that a felony has been committed by that person, whether or not the offense occurred in the officer’s presence.
(2) Arresting the abusive party in case of any misdemeanor crime which endangers the physical safety of the abused person whether or not the offense occurred in the presence of the officer. If there is no cause to believe there is impending danger, arresting the abusive party is at the officer’s discretion.
(3) Assisting the abused person in obtaining medical treatment necessitated by the battery; arranging for, or providing, or assisting in the procurement of transportation for the abused person to a place of shelter or safety.
(4) Notifying the abused person of his right to initiate criminal or civil proceedings; the availability of the protective order, La. Rev. Stat. 46:2136; and the availability of community assistance for domestic violence victims.
C.(1) When a law enforcement officer receives conflicting accounts of domestic abuse or dating violence, the officer shall evaluate each account separately to determine if one party was the predominant aggressor.
(2) In determining if one party is the predominant aggressor, the law enforcement officer may consider any other relevant factors, but shall consider the following factors based upon his or her observation:
(a) Evidence from complainants and other witnesses.
(b) The extent of personal injuries received by each person.
(c) Whether a person acted in self-defense.
(d) An imminent threat of future injury to any of the parties.
(e) Prior complaints of domestic abuse or dating violence, if that history can be reasonably ascertained by the officer.
(f) The future welfare of any minors who are present at the scene.
(g) The existence of a temporary restraining order, a preliminary or permanent injunction, or a protective order issued pursuant to La. Rev. Stat. 9:361 et seq., La. Rev. Stat. 9:372, La. Rev. Stat. 46:2131 et seq., La. Rev. Stat. 46:2151, La. Rev. Stat. 46:2171 et seq., Children’s Code Article 1564 et seq., Code of Civil Procedure Articles 3604 and 3607.1, or Code of Criminal Procedure Articles 30, 327.1, 335.1, 335.2, and 871.1. The officer shall presume that the predominant aggressor is the person against whom the order was issued.
(3)(a) If the officer determines that one person was the predominant aggressor in a felony offense, the officer shall arrest that person. The arrest shall be subject to the laws governing arrest, including the need for probable cause as otherwise provided by law.
(b) If the officer determines that one person was the predominant aggressor in a misdemeanor offense, the officer shall arrest the predominant aggressor if there is reason to believe that there is impending danger or if the predominant aggressor is in violation of a temporary restraining order, a preliminary or permanent injunction, or a protective order issued pursuant to La. Rev. Stat. 9:361 et seq., La. Rev. Stat. 9:372, La. Rev. Stat. 46:2131 et seq., La. Rev. Stat. 46:2151, La. Rev. Stat. 46:2171 et seq., Children’s Code Article 1564 et seq., Code of Civil Procedure Articles 3604 and 3607.1, or Code of Criminal Procedure Articles 30, 327.1, 335.1, 335.2, and 871.1. If there is no threat of impending danger or no violation of a temporary restraining order, a preliminary or permanent injunction, or a protective order, the officer may arrest the predominant aggressor at the officer’s discretion, whether or not the offense occurred in the presence of the officer. An arrest pursuant to the provisions of this Subparagraph shall be subject to the laws governing arrest, including the need for probable cause as otherwise provided by law. The exceptions provided for in this Section shall apply.
(4) As used in this Subsection:
(a) “Dating violence” has the meaning as defined in La. Rev. Stat. 46:2151(C).
(b) “Domestic abuse” has the meaning as defined in La. Rev. Stat. 46:2132(3).
Acts 1985, No. 442, §1, eff. July 12, 1985; Acts 2003, No. 750, §6; Acts 2004, No. 882, §1; Acts 2014, No. 317, §3; Acts 2015, No. 85, §1.