Battery of a Dating Partner in Louisiana: Penalties and Defenses

In Louisiana, battery of a dating partner is a standalone criminal offense under Revised Statute 14:34.9 that punishes the intentional use of force or violence by one romantic partner against another. Penalties climb fast: a first conviction is a misdemeanor with mandatory jail time, and a fourth carries 10 to 30 years at hard labor. The statute reaches partners who never lived together, which distinguishes it from Louisiana’s separate domestic abuse battery law covering household and family members.

What the Statute Covers

The offense is the intentional use of force or violence by one dating partner against another.¹ Visible injury is not required. Any deliberate forceful contact is enough.

A “dating partner” is someone currently or previously in a sexual or intimate relationship with the offender, where the relationship is characterized by an expectation of affectionate involvement independent of financial considerations.¹ Living together is not required, and never having lived together is not a defense. Casual relationships and ordinary social or business associations are excluded by the statute’s text, but the bar is otherwise broad enough to capture most romantic connections.

Two terms defined in the statute unlock harsher treatment throughout the penalty scheme. Strangulation means intentionally impeding breathing or blood circulation by applying pressure to the throat, neck, nose, or mouth. Burning covers injuries to flesh or skin caused by heat, electricity, friction, radiation, or chemical reaction.¹ Both trigger earlier firearm prohibitions and heavier penalty tracks.

Penalties by Offense Number

The penalty scheme is cumulative. Each new conviction sharply raises the mandatory minimum, the fine, and the maximum prison time. Prior convictions count regardless of the order in which they were entered.

First Offense

A first conviction is a misdemeanor punishable by a fine of $300 to $1,000 and 30 days to 6 months in jail. At least 48 hours must be served without parole, probation, or suspension. The remaining jail time can be suspended only if the offender either serves 4 days in jail and completes a court-monitored domestic abuse intervention program, or performs 8 full days of community service and completes the same program.¹ Firearm possession is barred for the duration of the sentence.

The intervention program is not a short class. It requires at least 26 in-person sessions over at least 26 weeks, using a model designed for domestic abuse perpetrators, with the court monitoring progress.¹

Second Offense

A second conviction carries a fine of $750 to $1,000 and 60 days to 1 year of imprisonment, with or without hard labor.² At least 14 days must be served without benefit of parole, probation, or suspension. The domestic abuse intervention program is again required. The mandatory minimum jumps from 48 hours to 14 days at this step.

Third Offense

A third conviction carries a mandatory $2,000 fine and 1 to 5 years of imprisonment with or without hard labor, with the first year served without probation, parole, or suspension.¹ Because Louisiana treats any offense punishable at hard labor as a felony, a third conviction is unambiguously a felony.³

Fourth or Subsequent Offense

A fourth or later conviction carries 10 to 30 years at hard labor and a $5,000 fine, with the first 3 years served without probation, parole, or suspension.¹ If the offender previously received probation, parole, or suspension as a fourth or subsequent offender, no part of the new sentence can be suspended or paroled, and no portion can run concurrently with any remaining sentence from a prior conviction.²

Add-Ons That Increase the Sentence

Separate enhancements stack on top of whatever tier applies. They can push a mid-level conviction into serious felony territory.

Intentional infliction of serious bodily injury adds up to 8 years at hard labor.¹
Use of a dangerous weapon adds up to 10 years at hard labor. Louisiana defines a dangerous weapon broadly as any substance or instrument that, in the way it is used, is likely to cause death or great bodily harm.³
A dangerous weapon combined with serious bodily injury adds up to 15 years at hard labor.¹
Under the Dating Partner Abuse Child Endangerment Law, presence of a child 13 or younger at the scene adds up to 3 years at hard labor.²

A third-offense battery committed with a dangerous weapon in front of a child would combine a base 1 to 5 years, up to 10 years for the weapon, and up to 3 years for the child’s presence.

Firearm Consequences

This is the collateral consequence that most often blindsides defendants. Even on a first offense, the sentencing court must strip firearm possession for the duration of the sentence when probation is granted.¹ For second and later convictions, and for first offenses involving strangulation or burning, Louisiana’s firearm prohibition statute (RS 14:95.10) bars possession until the conviction is expunged, the offender is pardoned, civil rights are restored, or 10 years pass from completion of the sentence.

Federal law goes further. Under 18 U.S.C. § 922(g)(9), anyone convicted of a misdemeanor crime of domestic violence is permanently barred from possessing or purchasing firearms or ammunition, with no expiration date, regardless of what state law later allows.⁴ Violating the federal ban is a separate felony.

Aggravated Assault on a Dating Partner

Battery requires actual contact. When the conduct involves threatening a dating partner with a dangerous weapon but no contact occurs, Louisiana charges aggravated assault on a dating partner under RS 14:34.9.1. A conviction carries 1 to 5 years at hard labor and a fine of up to $5,000. If a child age 13 or younger is present at the scene, the mandatory minimum jumps to 2 years at hard labor without probation, parole, or suspension.⁵

Defenses

Three defenses come up most often, and each depends heavily on the facts.

Self-defense. Louisiana law allows reasonable force to prevent a forcible offense, and a person lawfully present has no duty to retreat.⁶ The force used must be proportional to the threat. If the response goes beyond what appears necessary, the defense fails. Domestic settings draw close scrutiny, especially when accounts of who started the violence conflict.

Lack of intent. Battery of a dating partner requires intentional force. Because the statute uses “intentional” without further qualification, courts treat it as requiring general criminal intent: the prosecution must show the defendant acted in a way where, in the ordinary course, forceful contact was reasonably certain to result. Truly accidental contact, such as an inadvertent bump during a heated argument, does not satisfy that element. In practice this becomes a credibility contest.

Challenging the relationship. The prosecution must prove a dating relationship existed. Because the statute excludes casual and ordinary social or business associations, the defense can argue the connection did not rise to a dating partnership.¹ Success reduces the charge to simple battery or another applicable offense. Any evidence of romantic or intimate involvement makes this difficult.

Protective Orders for Victims

A victim of dating partner violence does not have to wait for an arrest or prosecution to seek court protection, and Louisiana charges no filing fee for domestic violence protective orders.

A petitioner can ask the court for a temporary restraining order without the abuser present. The court issues the order without bond if it finds the petitioner faces immediate and present danger of abuse. The abuser is then served with the order and a hearing date. The hearing takes place within 21 days, at which the petitioner must prove the allegations by a preponderance of the evidence.⁷

After the hearing, a final protective order can last up to 18 months and can be extended. For the portion directing the abuser to refrain from abusing, harassing, or interfering with the victim, the court has the option to make the order effective indefinitely.⁸ Modifying an indefinite order requires a hearing, with a good-faith effort to notify the victim beforehand. Orders can bar contact, require the abuser to stay away from home and workplace, award temporary custody of children, order counseling, and require restitution for medical bills and other costs. A Louisiana protective order is enforceable in every other state, tribal territory, and U.S. jurisdiction under the federal Violence Against Women Act.⁹

Financial Help for Victims

Louisiana’s Crime Victims Reparations program, run by the Louisiana Commission on Law Enforcement, reimburses eligible victims of violent crimes, including dating partner battery, for medical and prescription costs, mental health counseling, lost earnings, dependent care, and relocation expenses. Property damage is not covered. Total recovery caps at $15,000 in most cases, or up to $25,000 for victims with total and permanent disability.¹⁰ Benefits can be reduced or denied when the victim’s own behavior contributed to the crime, and anyone engaged in illegal activity at the time of the offense is ineligible.

1
Justia Law. Louisiana Code RS 14-34.9 – Battery of a Dating Partner
2
Louisiana State Legislature. Louisiana Code RS 14-34.9 – Battery of a Dating Partner
3
Justia Law. Louisiana Code RS 14-2 – Definitions
4
Office of the Law Revision Counsel. 18 USC 922 – Unlawful Acts
5
Louisiana State Legislature. Louisiana Code RS 14-34.9.1 – Aggravated Assault Upon a Dating Partner
6
Louisiana State Legislature. Louisiana Code RS 14-19 – Use of Force or Violence in Defense
7
Louisiana State Legislature. Louisiana Childrens Code Article 1569 – Temporary Restraining Order
8
FindLaw. Louisiana Code RS 46-2136 – Protective Orders
9
Office of the Law Revision Counsel. 18 USC 2265 – Full Faith and Credit Given to Protection Orders
10
Louisiana Commission on Law Enforcement. Crime Victims Reparations