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What are Louisiana's domestic violence arrest laws?

Domestic violence is a very difficult situation for those involved and for law enforcement in Louisiana. According to the American Bar Association, some states have a policy where law enforcement is required to arrest everyone involved and figure out later who is the aggressor. This means that in some states, you could go to jail even if you are the victim. The idea is to defuse the situation and then let attorneys and judges do the legal legwork to figure out who is in the wrong.

Of course, such a policy is not always ideal. You, as the victim, should never be locked up for calling for help, but some states still have such policies and require officers to follow it. Louisiana, however, is not one of those states.

The main policy in this state is a mandatory arrest on domestic violence calls. However, it does have stipulations. An officer needs to reasonably believed that someone was abused. He or she also needs to reasonable believe that either aggravated or second-degree battery occurred or have reason to believe that there is danger if the aggressor is not removed from the situation.

In some cases, you both may claim the other is the aggressor. In that type of case, it really is up to the officer as to what to do. He or she will look at the evidence and even talk to witnesses to assess what happened. So, you still could be arrested if you are the victim. However, officers are urged to find the primary aggressor and arrest that person. This information is for education and is not legal advice.

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