Louisiana Domestic Violence Laws
- One in four women will experience domestic violence in her lifetime.emergency ambulance image by JASON WINTER from Fotolia.com
According to Louisiana law, domestic abuse occurs when there is attempted or actual physical or sexual abuse between family or household members or when an adult child or adult grandchild abuses or neglects an elder. - There are three types of protective orders in Louisiana. An emergency temporary restraining order is issued in emergency situations, outside regular court hours, and provides immediate protection from an abuser. It's only good until the close of the next day that a court is open. You must then go to court and request a temporary restraining order and/or a protective order. Long-term protective orders can only be issued after a full court hearing. It can take 21 days to get that court hearing. Temporary restraining orders protect you until then.
- Stalking is the intentional and repeated following or harassing of another person that causes that person to be afraid or suffer emotional distress. It can include verbal threats and implied threats of death, bodily injury, sexual assault or other crimes. Stalking is considered to be a form of domestic abuse in Louisiana.
- The Protection From Dating Violence Act protects victims of a dating partner from abuse. Dating violence includes physical or sexual abuse or any offense against a person as defined in the Criminal Code of Louisiana except negligent injury and defamation that one dating partner commits against another.
- If you've been injured by an abuser, you can go to court and seek damages to cover medical bills, lost wages and for physical and emotional pain and suffering. File a claim in small claims court if your damages are $3,000 or less. If you need to sue for a larger amount, you'll probably need a lawyer and you will have to file in regular court. Some lawyers will take this kind of case for a percentage of whatever damages the judge orders.
- Louisiana health insurance companies aren't allowed to restrict, exclude or limit health benefits coverage solely as a result of abuse. Neither can they deny or limit payment on a claim because the person incurred it as a result of abuse. Spouses who are covered as a dependent on a policy that names an abusive spouse as the policyholder have the right to convert the coverage to an individual policy without medical underwriting when they get a divorce or legal separation. The new policy has to provide the same benefits, deductibles, coinsurance, and copayments as the policy it's being converted from. In addition, the law strictly limits to whom health insurance companies are allowed to disclose abuse information.
Protective Orders
Stalking
Dating Violence
Suing Your Abuser
Insurance
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