Domestic violence bills set for hearing

BATON ROUGE –Louisiana consistently leads the nation in domestic homicides and has done so since 1997. That’s why United Way of Southeast Louisiana (UWSELA) has asked for comprehensive changes to the state’s domestic abuse laws. First hearings on a sweeping legislative reform package begin next week.
UWSELA has been working for months with a broad group of allies to gain support for the legislation. Building on a relationship forged last year when UWSELA vigorously fought budget cuts to domestic violence programs, the Louisiana Coalition Against Domestic Abuse (LCADV) joined forces with UWSELA in proposing the package of bills introduced by Rep. Helena Moreno (D) and Sen. J.P. Morrell (D).
LCADV tracks domestic homicides and says from 2010 through 2012 there were 178 deaths due to domestic violence. Seventy-four% of these were committed with firearms and 37% of the offenders had a prior history of domestic violence or other violent crimes.
There were 16 multiple victim incidents resulting in 35 deaths, practically all of which were committed with firearms. The murder rate of women in Louisiana, most recently measured at 40% higher than the national average, and has been twice the national average in recent years.
These statistics do not take into account that 14% of all law enforcement “line of duty” deaths result from domestic disturbances and that domestic homicides are the leading cause of death among pregnant women.
On the civil side, the bills before the legislature provide an immediate divorce to a victim of domestic violence while safeguarding spousal and child support, eliminating the 180 waiting period when physical violence escalates following separation, and further allows the award of exemplary damages for injuries sustained in domestic and family abuse cases.
These bills will be heard, March 25 before the Senate Judiciary A Committee. Judge Pamela J. Baker, Chief Judge of The Family Court, Parish of East Baton Rouge, will testify with Sen. Morrell.
On the criminal side, Judge Bernadette G. D’Souza, Civil District Court, Domestic Section, will testify with Rep. Moreno. The bills expedite the process for getting restraining and protective orders into the Louisiana Protective Order Registry, mandate the immediate arrest of violators of protective orders, make a second conviction of domestic abuse battery a felony, and clearly define domestic abuse battery as a crime of violence.
Finally, the bills provide for the seizure of firearms possessed by an abuser, by a law enforcement officer who is an abuser, and prohibits the possession of firearms during the duration of a protective order and following a conviction of domestic abuse battery.
Supporters of this legislative reform are being asked to ‘pack the capitol’ March 26 for a hearing before the House Administration of Criminal Justice Committee. At least one busload of concerned citizens is traveling from New Orleans. Judge Bernadette G. D’Souza, Civil District Court, Domestic Section, will testify with Rep. Moreno.
The firearm legislation relative to domestic abuse simply restates existing federal law governing state-issued protective orders and convictions. Inexplicably, the federal law is recognized in Louisiana’s concealed weapon permit statute but not in the Louisiana’s unlawful possession of a firearm statute.
“We are simply closing a loophole in Louisiana law” says Kim Sport, chairman of UWSELA’s Public Policy Committee, “and creating no greater restriction on the possession of firearms than that which already exists for domestic violence perpetrators.”*
Beth Meeks, executive director of LCDV says “If a virus was killing people in Louisiana at a rate twice as high as the rest of the nation we’d declare a public health emergency. Every leader would be working around the clock to stop it. Why don’t we have that sense of urgency about the murders of our mothers and wives?”
Thirty-three states and District of Columbia have laws similar to the federal law prohibiting subjects of domestic violence protective orders from purchasing or possessing firearms.
Many states, including California, Illinois, Massachusetts, Texas, Virginia, West Virginia and Wisconsin, go beyond federal law by prohibiting firearm purchase or possession by persons subject to domestic violence protective orders issued before notice to the abuser or a hearing (known as “ex parte” orders).

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