Louisiana Children’s Code 1573 – Law enforcement officers; duties
Terms Used In Louisiana Children's Code 1573
- Family or household member: means spouses, former spouses, parents and children, stepparents, stepchildren, foster parents, foster children, and any person living in the same residence with the defendant as a spouse whether married or not if a child or children also live in the residence, who are seeking protection under this Chapter. See Louisiana Children's Code 1565
- Probable cause: A reasonable ground for belief that the offender violated a specific law.
Whenever a law enforcement officer has reason to believe that a family or household member has been abused, the officer shall immediately use all reasonable means to prevent further abuse, including:
(1) Arresting the abusive party with a warrant or without a warrant pursuant to Article 213 of the Code of Criminal Procedure, if probable cause exists to believe that aggravated or second degree battery has been committed by that person, whether or not the offense occurred in the officer’s presence.
(2) Arresting the abusive party in case of simple assault, aggravated assault, or simple battery, whether or not the offense occurred in the presence of the officer, when the officer reasonably believes there is impending danger to the physical safety of the abused person in the officer’s absence. If there is no cause to believe there is impending danger, arresting the abusive party is at the officer’s discretion.
(3) Assisting the abused person in obtaining medical treatment necessitated by the battery, or arranging for, or providing or assisting in the procurement of transportation for the abused person to a place of shelter or safety.
(4) Notifying the abused person of his right to initiate criminal or civil proceedings, the availability of the protective order pursuant to Article 1570, and the availability of community assistance for domestic violence victims.
Acts 1991, No. 235, §15, eff. Jan. 1, 1992.