Louisiana Q&A by Practice Area

Show More Practice Areas »

Lawyers, Answer Questions  & Get Points Log In
Louisiana Questions & Answers
1 Answer | Asked in Divorce, Child Custody and Child Support for Louisiana on
Q: how do i keep my children from leaving the state

my spouse and I want to divorce

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Aug 14, 2021

Hire a divorce lawyer who can also file a restraining order.

1 Answer | Asked in Personal Injury and Domestic Violence for Louisiana on
Q: How do I sue someone who hit me with a weapon and caused bodily harm
Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Aug 14, 2021

File a claim with your justice of the peace.

1 Answer | Asked in Child Custody for Louisiana on
Q: My niece 15 lives with me, but her alcoholic mother refuses to give custody. I provide everything, mom spends SS check.

Niece was in abusive home with mother alcoholism, and mentally ill. Grandmother who is mentally, physically, and emotionally abusive! Brother who joins in the abuse. My niece was recently in mental hospital for trying to end her life. Self harm etc. Mom has provided alcohol, vapes, and has child as... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Aug 14, 2021

Let Mom cash the check. If you can prove abuse, hire an attorney and file for emergency custody now. If not, wait for Dec and hire an attorney and file for custody.

1 Answer | Asked in Family Law for Louisiana on
Q: It’s my first going to court for absences. What will they do?

I missed the last semester of my junior year because I was depressed and COVID made things change. I’m afraid the court made do something serious. So I’m curious as to what would they most likely do.

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Aug 13, 2021

You need to enroll immediately and your guardian will have to explain why they allowed you to miss it in a Family in Need of Services Truancy proceeding in Juvenile Court.

1 Answer | Asked in Criminal Law for Louisiana on
Q: If a person finds money in a store is this theft

Money found in self check out tray.

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Aug 13, 2021

An argument could be made that it was abandoned.

2 Answers | Asked in Adoption and Family Law for Louisiana on
Q: Can my husband adopt my 4 year old daughter without us having to contact/deal & legally involve biological dad?

my daughters biological dad is not on the birth certificate. he was not at the birth & wants nothing to do with my daughter. (i have messages & voice recordings to prove it). In her four years of life he has not once met her or tried to meet her. he has completely abonded her. my husband... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Aug 12, 2021

The biological father still must be served.

View More Answers

1 Answer | Asked in Family Law for Louisiana on
Q: In a stipulated judgment how many times does the non Castodial parent get drug tested before the judgement is changed .
Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Aug 12, 2021

There is no finite number. It can be three to eighteen months.

1 Answer | Asked in Traffic Tickets for Louisiana on
Q: I got a ticket for tint and wide tires and a week or two later the same cop gave me the same ticket what can i do?

he never gave me a time frame on when to take it off

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Aug 10, 2021

He can give you a new ticket every day until you comply. If you stop paying the tickets, your license will then be suspended. Then you can be ticketed daily for driving under suspension.

1 Answer | Asked in Domestic Violence for Louisiana on
Q: How long do it take to be convicted of a crime?

you have about four charges over your head never been convicted of none ran concurrent, did treatment,most affidavit was signed charges was dropped so what else can I do will they try to railroad me can I get time or probation, or they just trying to convict me of something?? no witness or willing... Read more »

William Jaksa
William Jaksa answered on Aug 9, 2021

It sounds like they might be trying to get as much as possible up front, perhaps even agreements from you, that they know they won't get at trial. Figure out what you are willing to do up front in hopes of having the charges dropped and don't let them push you past that point. Set it for... Read more »

1 Answer | Asked in Domestic Violence for Louisiana on
Q: What do I do in a situation where the Domestic Abuse is more Mental?

On the daily, I get called things like Filthy trash, horrible wife. He has me isolated. He now has some of my own Family turn against me. Keeps me home with no ride, no money, no phone. I'm at home everyday with my kids, while he's out and about living his life. I feel like he pushes... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Aug 8, 2021

Get a job, start stashing money, get an apartment, move out and file for divorce. Under Louisiana law, verbal abuse is only domestic abuse if he threatens physical violence. Without a threat, it is just being nasty.

1 Answer | Asked in Criminal Law for Louisiana on
Q: My husband bought drugs behind the closed door of an apt complex they were watching but didnt see the buy,

Could they follow us to the place we parked and without seeibg drugs or paraohanalia first, just uopen our doors and search

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Aug 8, 2021

Yes. You going to an apartment, that is under surveillance for drug distribution, is probable cause. If you worked for door dash, waiter, fed ex, the post office, it might not be.

2 Answers | Asked in Adoption for Louisiana on
Q: My son just turned 18 but has 1 more year of high school. His biological father has not paid child support in years.

Child support enforcement says they can't find him to serve him and have not been able to make him pay the over $40k and there has been a warrant out for his arrest but because of his political connections, nothing is being done. My son wants to be adopted by my fiance who is also adopting my... Read more »

Douglas Lee Bryan
Douglas Lee Bryan answered on Aug 6, 2021

Yes, he can.

View More Answers

1 Answer | Asked in Animal / Dog Law for Louisiana on
Q: My dog got out of pen and wandered into my neighbors yard. Now she won't return it..

After my dog got out of pen and went to neighbors yard she then caged her, in a small cage with no water in the direct sunlight of Louisiana, called the cops, they came and wrote me a citation and I was told she had the right to keep my dog or decide what to do with her now bc of her not having a... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Aug 6, 2021

Check with the Humane Society if your dog goes missing. Get a copy of your dogs veterinarian records. Go file suit with your Justice of the Peace for Conversion.

1 Answer | Asked in Domestic Violence and Family Law for Louisiana on
Q: My fiance is being charged with domestic assault and child endangerment, but he never assaulted me what can we do?

The officer who came said that I said he punched me in the face but I don't recall ever saying such thing I said that I don't know who started it

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Aug 6, 2021

Hire a criminal attorney to represent your fiance.

1 Answer | Asked in Family Law and Child Custody for Louisiana on
Q: See below

My ex-wife and I went in front of the judge and he said in open court we would go back on August 3rd. I received court orders in the mail stating we were to report on August 2nd. I went on August 2nd and no one was there including the judges. I reset the date for August 23rd with the judge's... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Aug 6, 2021

Your family law attorney needs to file a Motion for New Trial within 7 days

1 Answer | Asked in Family Law, Child Custody, Civil Rights and Juvenile Law for Louisiana on
Q: What would happen if i moved out at 17 in Louisiana?

Note, all of this I want to do without them forcing me to come home. I am asking if i could do these things without them bringing me home.

I am currently 15, and my birthday is a few months away. My parents are emotionally abusive and have been for years, and they don't even treat me... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Aug 5, 2021

You can't move out without parental consent until you are 18.

1 Answer | Asked in Civil Rights and Juvenile Law for Louisiana on
Q: Could a minor elope?

Legally, if my research has been correct, one can get engaged at any age. However, I am getting mixed answers when it comes to marraige itself. Could someone between the ages of 16 and eighteen get married without parental consent (if one of the individuals parents both consent)?

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Aug 5, 2021

16 & 17 year olds need parental consent to marry.

1 Answer | Asked in Criminal Law for Louisiana on
Q: Are reviewing courts required to request info from district courts to make a accurate judgement of the facts

I

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Aug 3, 2021

No. The trial court record can be copied in whole or part for the court of appeal.

1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for Louisiana on
Q: could a person be charged with possession of a firearm if someone says you have one but the police didnt recover one
Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Jul 31, 2021

The state will have a hard time making a felon in posession of a firearm case. if they have no firearm. Hire a criminal lawyer.

1 Answer | Asked in Animal / Dog Law for Louisiana on
Q: Can a dog be deemed vicious if it was provoked by another animal and hurt the other animal
Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Jul 30, 2021

Yes. Pet owners are 100% liable for any damages caused by their pets.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.