Legal Issues associated with domestic violence

Published 12:00 am Friday, December 26, 2003

LIVING FREE with Liz Johnson

For the next several weeks this column will address some of the legal issues associated with domestic violence. It will address such topics as what is a protective order and how to obtain one; relief from domestic violence in the civil and criminal courts; and other pertinent subjects.

Below is a list of several legal words and definitions that will be helpful when one is involved in the legal system. The list will continue next week.

AFFIDAVIT – A sworn written statement by someone who swears before a notary that everything contained in the statement is true and correct.

BATTERY – The physical hurting of someone in any way by another person. Battery is against the law and is a crime.

COHABITATION – Living together as spouses but not married. This is sometimes referred to as “common law marriage”. Louisiana does not recognize a common law marriage.

CONTEMPT OF COURT – Failure to obey a judge’s order.

CONTINUANCE – A delay of a court hearing to another day. There must be a reason for the delay and the judge must approve.

DEFAULT – Failure to answer a petition that requires an answer or failure to come to court for a hearing. The hearing will continue and if the petitioner can prove the case, it will be won “by default”.

DEFENDANT – The person against whom a charge is brought. The abuser is the defendant in a hearing for a protective order.

EVIDENCE – Anything shown in court to support a case. Can include testimony, documents, photographs, items of clothing or medical records.

EXPARTE – In Latin, means “from one side”. A temporary restraining order issued by a judge who hears only from the victim is an exparte order.

HEARING – A court proceeding during which a judge listens to evidence from both sides and makes a legally binding decision.

Living Free Ministries

Liz Johnson

P. O. Box 2815

Reserve, La. 70084

(985) 652-9938)