Domestic violence laws in Louisiana just got tougher and not a minute too soon. According to the Louisiana Coalition Against Domestic Violence from 2010 -2012 there were 178 deaths due to domestic violence, 74% of which were due to a firearm. In a state that rates second in the nation for homicides associated with domestic abuse, there is a joint sigh of relief as Governor Bobby Jindal signed new laws into place last week.
Currently, whenever a police officer is called to a scene and has reason to believe that a member of the household has been abused, it’s the responsibility of the officer to prevent escalation by arresting the abuser. A first time offender convicted of domestic violence in the state of Louisiana faces up to 6 months in jail and a $1,000 fine. Furthermore, as the courts have seen an ongoing and increasing problem, the judge also can assign domestic violence prevention classes. The purpose of the classes is to break ongoing cycle of abuse by helping the offender recognize the triggers that make him/her so angry, educating them on how to reduce the source of anger and finally teaching new anger management tools. Research shows that throwing someone in jail isn’t enough. Chronic intense anger that leads to domestic violence is not normal and the anger can be reduced with therapy, education and motivation.
The states updated domestic violence laws will hopefully deter potential offenders and help reduce the number of victims the state sees each year. They include:
1. Gwen’s Law – this law adds new restrictions to allowing a defendant out on bail in a dv situation. The name comes from a recent high profile case in which Michael Salley was bonded out of jail and then proceeded to take his wife Gwen to a dead-end road and brutally kill her. Now, the law requires that a court conduct a hearing before letting the perpetrator out on bail. If they find any possibility that he/she is still dangerous and could inflict further harm, the court can deny bail and keep the individual in jail until the court date, effectively enforcing a cooling off period. It also stipulates that the victim have a protective order and the offender to where an electronic monitoring device so they can be tracked.
2. It is now a crime for a person convicted of misdemeanor domestic abuse in Louisiana to carry or possess a firearm for 10 years. Any weapons must be surrendered.
3. Domestic abuse is now considered grounds for immediate divorce.
4. Domestic abuse is now added to the list of crimes of violence. This makes it so offenders have to serve 85% of their sentence without probation or parole.
5. Offenders are now required to take a 26-week court ordered domestic abuse intervention program to educate perpetrators and change abusive behavior.
6. Protective order filings will be expedited so there isn’t potential for a situation to occur because of a lag time in paperwork.
Supporters of the legislation are thankful and grateful that their legislators have finally taken on the NRA and other organizations to successfully set these laws into place for future generations.
