Louisiana Revised Statutes 9:327 – Determination of domestic abuse for spousal support
Terms Used In Louisiana Revised Statutes 9:327
- Conviction: A judgement of guilt against a criminal defendant.
- Licensed mental health professional: as used in this Chapter means a person who possesses at least a master's degree and who is licensed in counseling, social work, psychology, marriage and family counseling, or exempt from licensing requirements pursuant to Louisiana Revised Statutes 9:331
A. In awarding final spousal support pursuant to Civil Code Article 112(B), the court shall consider any criminal conviction of the obligor spouse for an offense committed against the claimant spouse during the course of the marriage.
B. In the absence of a criminal conviction, the court may order an evaluation of both parties that may be used to assist the court in determining the existence and nature of the alleged domestic abuse. The evaluation shall be conducted by an independent, court-appointed, licensed mental health professional who has experience in the field of domestic abuse. The licensed mental health professional shall have no family, financial, or prior medical relationship with either party or their attorneys of record. The licensed mental health professional shall provide the court and the parties with a written report of his findings.
Acts 2014, No. 316, §2; Acts 2022, No. 614, §1.