Arrested for Domestic Violence in St. Bernard Parish? What to Do Next
A domestic violence arrest can turn your life upside down in a matter of hours. An argument escalates, someone calls the police, and suddenly you're facing criminal charges, possible jail time, and restrictions that could keep you out of your own home.
If you've been arrested for domestic violence in St. Bernard Parish, Louisiana, it's important to understand what happens next and how to protect your rights.
Louisiana takes domestic violence allegations seriously. Even a first-offense domestic abuse battery conviction can carry jail time, fines, and restrictions on firearm ownership. Depending on the circumstances, you may also face delayed bail, a no-contact order, and limitations on seeing your family.
The decisions you make immediately after a domestic violence arrest can affect the outcome of your case. Here's what you need to know.
1. What to Do Immediately After a Domestic Violence Arrest
If deputies from the St. Bernard Parish Sheriff's Office arrest you on domestic violence charges, remain calm and cooperate with the arrest process. Do not physically resist, even if you believe the allegations are false or the arrest is unjustified.
You also have the right to remain silent.
Many people believe that explaining their side of the story to police will resolve a misunderstanding. Unfortunately, statements made during an arrest can become evidence in a criminal prosecution.
You can clearly state:
"I want to remain silent, and I want to speak with an attorney."
After invoking your rights, avoid answering questions about the alleged incident without legal counsel.
Be Careful What You Say in Jail
If you're taken into custody at the St. Bernard Parish jail, remember that ordinary jail telephone calls may be recorded and reviewed by prosecutors.
Avoid discussing the allegations, the other person involved, or potential defenses during recorded calls. Arrange to communicate privately with your attorney through appropriate confidential legal channels.
The safest approach is to speak with a criminal defense lawyer before discussing the facts of your case.
2. How Does Bail Work for Domestic Violence Charges in Louisiana?
Unlike some other criminal charges, domestic violence arrests in Louisiana can involve additional restrictions before a defendant is released from jail.
Under Louisiana's Gwen's Law, certain domestic violence cases may require additional judicial review before bail is set.
What Is Gwen's Law?
Gwen's Law, found in Louisiana Code of Criminal Procedure Article 313, allows a judge to hold a special bail hearing for certain offenses, including domestic abuse battery, stalking, violations of protective orders, and qualifying violent offenses involving family members, household members, or dating partners.
During this hearing, the judge may consider factors such as:
Previous arrests or criminal convictions
Allegations or documented histories of violence or threats
The potential danger to the alleged victim or other household members
Evidence of stalking, strangulation, or threatening behavior
Documented substance abuse or other relevant risk factors
The court then determines whether bail is appropriate and what conditions should apply.
Can You Be Held in Jail for 48 to 72 Hours?
Yes. A Louisiana law that took effect on August 1, 2026, expanded Gwen's Law to allow courts to impose a 48- to 72-hour holding period in qualifying cases after a determination of probable cause.
This is sometimes called a cooling-off period. It is not automatic for every domestic violence arrest, but a judge may impose it after considering factors indicating an increased risk to the alleged victim or others.
Depending on the circumstances, a judge may also order electronic monitoring, house arrest, or other restrictions as conditions of release. In certain cases, the court may deny bail.
Because these decisions can affect when you return home or resume work, contacting a St. Bernard Parish criminal defense attorney as early as possible is important.
3. What Happens if You Receive a No-Contact Order?
One of the most disruptive consequences of a domestic violence arrest is the possibility of a court-ordered restriction on contact with the alleged victim.
A judge may impose a no-contact or stay-away order as a condition of your release.
Depending on the order's language, you may be prohibited from:
Calling, texting, emailing, or messaging the other person
Returning to a shared residence
Visiting the other person's workplace or other specified locations
Communicating through friends, family members, or social media
Having other forms of direct or indirect contact
These restrictions may apply even if you share a home, have children together, or the other person wants to reconcile.
The other person's permission does not override a court order.
Violating your bond conditions can result in your bond being revoked and your return to jail. Violating certain protective orders can also result in separate criminal charges.
Can You Return Home or See Your Children?
That depends on the specific restrictions imposed by the court.
If you need to retrieve clothing, medication, work equipment, or other essential belongings, do not simply return to the residence without permission.
Your attorney can help determine whether a supervised property retrieval or modification of the court's restrictions is possible.
If the order affects contact with your children, your lawyer can also evaluate what options may be available through the court.
4. What Are the Penalties for Domestic Abuse Battery in Louisiana?
Domestic abuse battery is one of the charges frequently associated with domestic violence arrests in Louisiana.
Under Louisiana Revised Statute 14:35.3, domestic abuse battery generally involves the intentional use of force or violence by one family or household member against another.
A first-offense conviction can carry:
A fine of $300 to $1,000
A jail sentence of 30 days to six months, subject to statutory sentencing provisions
Mandatory conditions that may include a court-monitored domestic abuse intervention program
Restrictions on possessing firearms
Louisiana law provides specific sentencing and probation alternatives, but those alternatives have their own requirements.
Second and subsequent offenses carry more serious penalties. Allegations involving strangulation, serious bodily injury, or dangerous weapons can expose a defendant to additional penalties.
The precise consequences depend on the charge, the evidence, the defendant's criminal history, and other circumstances.
5. Can a Domestic Violence Charge Affect Your Gun Rights?
Yes. A domestic violence case can have serious consequences for firearm ownership and possession.
Certain protective orders may prohibit firearm possession while those orders remain in effect. A qualifying domestic abuse battery conviction can also trigger restrictions under Louisiana and federal law.
For people who hunt, own firearms at home, carry a gun for personal protection, or need a firearm for employment, these consequences can be particularly significant.
Louisiana Revised Statute 14:95.10 addresses firearm restrictions following qualifying domestic abuse convictions.
If firearms are involved in your case, speak with your attorney before handling, transferring, or attempting to retrieve them. Your lawyer can explain any applicable restrictions and the lawful steps required to comply.
6. Can the Alleged Victim Drop Domestic Violence Charges?
A common misunderstanding is that the person who reported the incident can simply decide to drop the charges.
In Louisiana, the District Attorney—not the alleged victim—decides whether to pursue criminal charges.
The alleged victim's wishes may be considered, but prosecutors can continue a domestic violence case even when that person no longer wants to cooperate.
Evidence such as photographs, medical records, police observations, recorded statements, and witness testimony may be used to support the prosecution.
Do not contact or pressure the alleged victim to change a statement, withdraw a complaint, or avoid appearing in court. Doing so can create additional legal problems, particularly if a no-contact order is in place.
If the alleged victim wants to communicate or reconcile, speak with your attorney about the appropriate legal process first.
7. How to Protect Your Defense After a Domestic Violence Arrest
While your attorney handles the legal aspects of your case, there are several practical steps you can take to avoid making matters worse.
Preserve relevant evidence. Keep text messages, emails, photographs, call logs, and other records that may help establish what happened. Do not delete, alter, or edit potentially relevant evidence.
Identify potential witnesses. Make a list of anyone who witnessed the incident or may have information relevant to the allegations. Provide those names to your attorney rather than attempting to influence what witnesses say.
Stay off social media. Avoid posting about the arrest, the allegations, or the people involved. Even comments you consider harmless may be taken out of context.
Follow every court order. Make sure you understand the terms of your release, including any travel restrictions, no-contact provisions, or required appearances.
Attend every court date. Missing a scheduled appearance can result in additional complications, including a warrant for your arrest.
Speak with a criminal defense attorney promptly. Early legal representation can help preserve evidence, address bond restrictions, and identify potential issues with the prosecution's case.
8. What Happens After a Domestic Violence Arrest in St. Bernard Parish?
Following an arrest, your case may involve an initial court appearance, bail proceedings, formal charging decisions, pretrial hearings, and potentially a trial.
The exact process depends on the charges and whether the District Attorney decides to pursue prosecution.
An arrest is not a conviction. The prosecution must prove the elements of the charged offense beyond a reasonable doubt to obtain a criminal conviction at trial.
A domestic violence defense attorney can review the circumstances of the arrest, examine police reports and witness statements, and evaluate whether the evidence supports the charges.
Depending on the facts, your attorney may be able to:
Challenge inconsistent or insufficient evidence
Evaluate possible defenses, including self-defense when supported by the circumstances
Seek changes to restrictive bond conditions
Negotiate with prosecutors when appropriate
Pursue dismissal, reduction of charges, or other available resolutions
Prepare your case for trial if necessary
Every domestic violence case is different, and no particular outcome can be guaranteed. However, early representation gives your attorney more opportunity to investigate the allegations and protect your legal rights.
Arrested for Domestic Violence in St. Bernard Parish? Contact McLaren Law Firm
A domestic violence arrest can affect your freedom, your family, your employment, and your future. You do not have to navigate the criminal justice system without legal guidance.
At McLaren Law Firm LLC, attorney Matthew McLaren represents individuals facing criminal charges in St. Bernard Parish and the greater New Orleans area.
Whether you're dealing with a first-offense domestic abuse battery charge, a Gwen's Law bail hearing, or restrictions on returning home, getting legal advice early can make a meaningful difference in how you approach your case.
If you or a family member has been arrested for domestic violence in St. Bernard Parish, contact McLaren Law Firm to discuss your situation.
McLaren Law Firm LLC
2203 Pakenham Drive
Chalmette, LA 70043
Phone: 504-300-8338
Website: mclarenlawfirm.com
Disclaimer: This article provides general information about Louisiana law and is not legal advice. Laws and procedures may change, and every case is different. Reading this article or contacting the firm does not, by itself, establish an attorney-client relationship.