3.2.5 Domestic Violence

During the marriage, did the other spouse physically or sexually abuse the spouse seeking the divorce or a child of one of the spouses? If so, your client can seek an immediate divorce as per La. C.C. art. 103(4) even if the abuser was not prosecuted. Divorce under this provision will require a contradictory hearing to prove the allegations of abuse made in the divorce petition.

Following a contradictory hearing or consent decree, was a protective order or injunction issued during the marriage against the other spouse to protect the spouse seeking the divorce or a child of one of the spouses from abuse? If so, your client can seek an immediate divorce as per La. C.C. art. 103(5).

A more extensive discussion is found in this manual’s chapter on Louisiana’s laws concerning domestic violence.1 The ancillary matters to divorce available under La. C.C. art. 103(4)–(5) will likely also be affected by the domestic violence, and an attorney in such cases is advised to seek the assistance, if possible, of a specialist in representing survivors of domestic violence. 

• 1For that discussion, see Section 7 of this manual’s chapter on representing survivors of domestic violence.