14:75 E.Failure to pay child support obligation - definitions of 'obligor' and 'support obligation'
As used in this Section, 'obligor' means any person who has been ordered to pay a support obligation in accordance with law and 'support obligation' means any amount determined by a court order or an order of an administrative process pursuant to the law of the state of Louisiana to be due from a person for the support and maintenance of a child or children.
Effective: 08/15/2004 - Present
|
14:75 F.Failure to pay child support obligation - affirmative defense
It shall be an affirmative defense to any charge under this Section that the obligor was financially unable to pay the support obligation during and after the period that he failed to pay as ordered by the court.
Effective: 08/15/2004 - Present
|
14:76 A.Bigamy - charging and definition
Bigamy is the marriage to another person by a person already married and having a husband or wife living, or the habitual cohabitation, in this state, with such second husband or wife, regardless of the place where the marriage was celebrated.
Effective: 08/01/2014 - Present
|
14:76 B.Bigamy - exceptions
The provisions of this Section shall not extend to any person whose former husband or wife has been absent, at the time of the second marriage, for five successive years without being known to such person, within that time, to be living, any person whose former marriage has been annulled or dissolved at the time of the second marriage, by the judgment of a competent court or any person who has, at the time of the second marriage, a reasonable and honest belief that his or her former husband or wife is dead, or that a valid divorce or annulment has been secured, or that his or her former marriage was invalid.
Effective: 08/01/2014 - Present
|
14:76 C.Bigamy - penalty
Whoever commits the crime of bigamy shall be fined not more than one thousand dollars, or imprisoned, with or without hard labor, for not more than five years, or both.
Effective: 08/01/2014 - Present
|
14:77 A.Abetting a bigamy - charging and definition
Abetting in bigamy is the marriage of an unmarried person to the husband or wife of another, with knowledge of the fact that the party is married and without a reasonable and honest belief that such party is divorced or his marriage annulled, or that the party's husband or wife is dead.
Effective: 08/01/2014 - Present
|
14:77 B.Abetting a bigamy - penalty
Whoever commits the crime of abetting in bigamy shall be fined not more than one thousand dollars, or imprisoned, with or without hard labor, for not more than five years, or both.
Effective: 08/01/2014 - Present
|
14:79Violation of protective orders
Violation of protective orders
Effective: 07/27/1983 - Present
|
14:79 A.(1)(a)Violation of protective order - misdemeanor willful disobedience of a preliminary or permanent injunction or protective order
Violation of protective orders is the willful disobedience of a preliminary or permanent injunction or protective order issued pursuant to R.S. 9:361 et seq., R.S. 9:372, R.S. 46:2131 et seq., R.S. 46:2151, R.S. 46:2171 et seq., R.S. 46:2181 et seq., Children's Code Article 1564 et seq., Code of Civil Procedure Articles 3604 and 3607.1, or Code of Criminal Procedure Articles 320 and 871.1 after a contradictory court hearing, or the willful disobedience of a temporary restraining order or any ex parte protective order issued pursuant to R.S. 9:361 et seq., R.S. 9:372, R.S. 46:2131 et seq., R.S. 46:2151, R.S. 46:2171 et seq., criminal stay-away orders as provided for in Code of Criminal Procedure Article 320, Children's Code Article
Effective: 08/01/2017 - Present
|
14:79 A.(1)(a).Violation of protective order - felony willful disobedience of a preliminary or permanent injunction or protective order
Violation of protective orders is the willful disobedience of a preliminary or permanent injunction or protective order issued pursuant to R.S. 9:361 et seq., R.S. 9:372, R.S. 46:2131 et seq., R.S. 46:2151, R.S. 46:2171 et seq., R.S. 46:2181 et seq., Children's Code Article 1564 et seq., Code of Civil Procedure Articles 3604 and 3607.1, or Code of Criminal Procedure Articles 320 and 871.1 after a contradictory court hearing, or the willful disobedience of a temporary restraining order or any ex parte protective order issued pursuant to R.S. 9:361 et seq., R.S. 9:372, R.S. 46:2131 et seq., R.S. 46:2151, R.S. 46:2171 et seq., criminal stay-away orders as provided for in Code of Criminal Procedure Article 320, Children's Code Article
Effective: 08/01/2017 - Present
|
14:79 A.(1)(b)Violation of protective order - service proper if tendered a certified copy or electronic or faxed copy
A defendant may also be deemed to have been properly served if tendered a certified copy of a temporary restraining order or ex parte protective order, or if tendered a faxed or electronic copy of a temporary restraining order or ex parte protective order received directly from the issuing magistrate, commissioner, hearing officer, judge or court, by any law enforcement officer who has been called to any scene where the named defendant is present.
Effective: 08/01/2016 - Present
|
14:79 A.(2)Violation of protective order - misdemeanor willful disobedience of an order of protection issued by a foreign state
Violation of protective orders shall also include the willful disobedience of an order of protection issued by a foreign state.
Effective: 08/01/2016 - Present
|
14:79 A.(2).Violation of protective order - felony willful disobedience of an order of protection issued by a foreign state
Violation of protective orders shall also include the willful disobedience of an order of protection issued by a foreign state.
Effective: 08/01/2016 - Present
|
14:79 A.(3)(a)Violation of protective order - misdemeanor willful disobedience of an order to stay away from a specific person or persons as a condition of release on bond
Violation of protective orders shall also include the willful disobedience of an order issued by any state, federal, parish, city, or municipal court judge, magistrate judge, commissioner or justice of the peace that a criminal defendant stay away from a specific person or persons as a condition of that defendant's release on bond.
Effective: 08/15/1999 - Present
|
14:79 A.(3)(a).Violation of protective order - felony willful disobedience of an order to stay away from a specific person or persons as a condition of release on bond
Violation of protective orders shall also include the willful disobedience of an order issued by any state, federal, parish, city, or municipal court judge, magistrate judge, commissioner or justice of the peace that a criminal defendant stay away from a specific person or persons as a condition of that defendant's release on bond.
Effective: 08/15/1999 - Present
|
14:79 A.(3)(b)Violation of protective order - misdemeanor willful disobedience of an order to stay away from any specific person as condition of release on probation
Violation of protective orders shall also include the willful disobedience of an order issued by any state, federal, parish, city, or municipal court judge, magistrate judge, commissioner or justice of the peace that a defendant convicted of a violation of any state, federal, parish, municipal, or city criminal offense stay away from any specific person as a condition of that defendant's release on probation.
Effective: 08/15/1999 - Present
|
14:79 A.(3)(b).Violation of protective order - felony willful disobedience of an order to stay away from any specific person as condition of release on probation
Violation of protective orders shall also include the willful disobedience of an order issued by any state, federal, parish, city, or municipal court judge, magistrate judge, commissioner or justice of the peace that a defendant convicted of a violation of any state, federal, parish, municipal, or city criminal offense stay away from any specific person as a condition of that defendant's release on probation.
Effective: 08/15/1999 - Present
|
14:79 A.(3)(c)Violation of protective order - misdemeanor willful disobedience of a condition of a parole release which requires that the parolee stay away from any specific person
Violation of protective orders shall also include the willful disobedience of a condition of a parole release which requires that the parolee stay away from any specific person.
Effective: 08/15/1999 - Present
|
14:79 A.(3)(c).Violation of protective order - felony willful disobedience of a condition of a parole release which requires that the parolee stay away from any specific person
Violation of protective orders shall also include the willful disobedience of a condition of a parole release which requires that the parolee stay away from any specific person.
Effective: 08/15/1999 - Present
|
14:79 A.(3)(d)Violation of protective order - misdemeanor willful disobedience of an order issued pursuant to R.S. 46:1846
Violation of protective orders shall also include the willful disobedience of an order issued pursuant to R.S. 46:1846
Effective: 08/01/2018 - Present
|
14:79 A.(3)(d).Violation of protective order - misdemeanor willful disobedience of an order issued pursuant to R.S. 46:1846
Violation of protective orders shall also include the willful disobedience of an order issued pursuant to R.S. 46:1846
Effective: 08/01/2018 - Present
|
14:79 A.(4)Violation of protective order - misdemeanor possession of a firearm or carrying a concealed weapon in violation of R.S. 46:2136.3, the purchase or attempted purchase of a firearm, carrying of a concealed weapon in violation of R.S. 14:95.1, 95.10
Violation of protective orders shall also include the possession of a firearm or carrying a concealed weapon in violation of R.S. 46:2136.3, the purchase or attempted purchase of a firearm, and the carrying of a concealed weapon in violation of R.S. 14:95.1, 95.1.3, or 95.10.
Effective: 10/01/2018 - Present
|
14:79 A.(4).Violation of protective order - felony possession of a firearm or carrying a concealed weapon in violation of R.S. 46:2136.3, the purchase or attempted purchase of a firearm, carrying of a concealed weapon in violation of R.S. 14:95.1, 95.10
Violation of protective orders shall also include the possession of a firearm or carrying a concealed weapon in violation of R.S. 46:2136.3, the purchase or attempted purchase of a firearm, and the carrying of a concealed weapon in violation of R.S. 14:95.1, 95.1.3, or 95.10.
Effective: 10/01/2018 - Present
|
14:79 B.(1)Violation of protective order - first conviction penalty when violation doesn't involve battery or any crime of violence
On a first conviction for violation of protective orders which does not involve a battery or any crime of violence as defined by R.S. 14:2(B) against the person protected by the protective order, the offender shall be fined not more than five hundred dollars or imprisoned for not more than six months, or both.
Effective: 08/01/2017 - Present
|
14:79 B.(2)Violation of protective order - second or subsequent offense penalty when violation doesn't involve battery or any crime of violence
On a 2nd or subsequent conviction for violation of protective orders which does not involve a battery or any crime of violence against the person protected by the protective order the offender shall be fined not more than $1,000 and imprisoned with or without hard labor for not less than 14 days nor more than 2 years. At least 14 days of the sentence of imprisonment imposed under this Paragraph shall be w/o benefit of probation, parole, or suspension of sentence. If a portion of the sentence is imposed with benefit of probation, parole, or suspension of sentence, the court shall require the offender to participate in a court-monitored domestic abuse intervention program
Effective: 08/01/2017 - Present
|