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  • Domestic Violence

    Please define "Domestic Violence", some say the requirement to file domestic violence charges including domestic battery is that the parties involved are involved in a "relationship", others say (which I believe to be correct) is that the parties merely reside in the same household, regardless of relationship or blood kin. I always was told if the two parties live together in the same home and are arguing or commit a battery, domestic violence laws apply.
    law dog

  • #2
    What dept are you with?? Dont they have a copy of the criminal code?Check rs14:35.3
    Domestic Abuse Battery;is the intentional use of force or violence commited by one household member upon the person of another household member,without the consent of the victim.

    "Household Member" means any person of the opposite sex,presently living in the same residence or living within the residence within 5 years of the occurence of the domestic abuse battery with the defendant as a spouse ,whether married or not.

    As a post script,proper forum ettiquete requires you to answer when someone replies to a question you have posted even if just to say ,"thanx"..See your previus post.
    Sleeping Giant. They're not fat and happy anymore. They are hungry and increasingly angry. That is not a good recipe for a "Puppies and Rainbows America".

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    • #3
      Originally posted by mavriktu View Post
      What dept are you with?? Dont they have a copy of the criminal code?Check rs14:35.3
      Domestic Abuse Battery;is the intentional use of force or violence commited by one household member upon the person of another household member,without the consent of the victim.

      "Household Member" means any person of the opposite sex,presently living in the same residence or living within the residence within 5 years of the occurence of the domestic abuse battery with the defendant as a spouse ,whether married or not.

      As a post script,proper forum ettiquete requires you to answer when someone replies to a question you have posted even if just to say ,"thanx"..See your previus post.
      Thanks, I am familiar with the statute, so household member means only opposite sex ? that is not the way the statute reads to me, if two males residing in the same house fight, I would call that domestic battery, our DV officer disagrees, just trying to understand how different people interpet the law. Again, Thanks for the input.
      law dog

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      • #4
        I will research it a little more.What I quoted was 35.3 domestic battery,I know that somewhere in there it is more well defined.HOWEVER,this is/was my day off,we have a general(freakin) meeting at 1600,and I really dont feel like it right now.
        Sleeping Giant. They're not fat and happy anymore. They are hungry and increasingly angry. That is not a good recipe for a "Puppies and Rainbows America".

        Comment


        • #5
          Thanks again, its really not a big deal, was just something that came up recently and tweaked my interest, have a good day off (after your meeting)
          Stay Safe
          law dog

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          • #6
            maybe this is what your looking for??

            §2140. Law enforcement officers; duties

            A. Whenever a law enforcement officer has reason to believe that a family or household member or dating partner has been abused, 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, R.S. 46:2136; and the availability of community assistance for domestic violence victims.

            B.(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.

            (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. If there is no threat of impending danger, 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 R.S. 46:2140 shall apply.

            (4) As used in this Subsection:

            (a) "Dating violence" has the meaning as defined in R.S. 46:2151(C).

            (b) "Domestic abuse" has the meaning as defined in R.S. 46:2132(3).

            Acts 1985, No. 442, §1, eff. July 12, 1985; Acts 2003, No. 750, §6; Acts 2004, No. 882, §1.
            sigpic"Nothing in the world is more dangerous than sincere ignorance and consciencious stupidity.

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            • #7
              To: IMTHEROOKIE, Thanks, that is an extensive and still confusing interpretation, according to that info, "household Member" includes anyone regardless of sex or relationship that has established residency in the household that sustains physical abuse from another member of that same household. On top of that, officer discretion still applies unless there is absolute physical evidence of injury caused by one upon another or the officer has reason to believe further violence could occur. Bottom line is if an officer is called to a domestic situation where one or more persons have sustained physical injuries, arrest is required by state law. Thanks again and stay safe.
              law dog

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              • #8
                Sorry i wasnt trying to confuse you.

                I was told my the DA that right now it only covers male vs female.

                But they have updated it this session if it passes?
                sigpic"Nothing in the world is more dangerous than sincere ignorance and consciencious stupidity.

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                • #9
                  Originally posted by imtherookie;904297I was told my the DA that right now it only
                  covers male vs female.
                  That sucks....In Missouri, one can be charged with DV if it's Male v. Male, Male v. Female, and Female v. Female.....

                  Plus, it can be btwn family members, roommates, folks that are in a relationship, or folks that have been in a previous relationship......

                  Further, if the victim doesn't wish to prosecute, the State will take over as the victim.....and push the thing through....and the victim can be compelled to testify.....

                  Comment

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