★★★★★ 4.9 | 46 Reviews

Domestic Violence Arrests and Gwen’s Law Hearings

Domestic Violence Arrests and Gwen’s Law Hearings

Arrests for domestic abuse battery, violations of protective orders, stalking or any other use or threatened use of force against a family member, household member or dating partner are subject to a special bond hearing. This contradictory hearing in Louisiana is known as a Gwen’s Law hearing. This hearing will determine bond or bail conditions and whether a protective order will be issued and must take place within 5 days of arrest.

Domestic violence offenses usually have enhanced penalties for subsequent offenses. Misdemeanor crimes can become felony offenses for future violations. Additionally protective orders or domestic violence convictions will result in firearm restrictions. At Marino & Ehle we have successfully defended many clients falsely accused of domestic violence offenses. We can assist at a Gwen’s law hearing with securing release on bail. We can also assist in the firearm transfer process if a protective order is issued.

Frequently Asked Questions

What is a Gwen’s Law hearing? (Why is there no bond set for a domestic violence arrest?)
Gwen’s Law is a special bond hearing for domestic violence related offenses in Louisiana that must take place within 5 days of arrest. At this hearing the judge will determine if the person should be released on bail and if so, what conditions will apply. There will also be a determination if a protective order and firearm transfer are necessary.
Gwen’s Law applies to arrests for domestic abuse battery, violations of protective orders, stalking or any other use or threatened use of force against a family member, household member or dating partner. This includes among others R.S. 14:35.3. Domestic abuse battery, R.S. 37.7. Domestic abuse aggravated assault, R.S. 40.2. Stalking, R.S. 14: 79. Violation of protective orders.
Yes, a protective order does prohibit the possession of a firearm. If a protective order is issued, it will result in firearm restrictions. Additionally, during a Gwen’s Law hearing, the Judge will determine if a protective order and firearm transfer are necessary.
You should hire an attorney immediately upon an arrest in Louisiana for a domestic violence arrest for a Gwen’s Law hearing. At this hearing the prosecution could ask for the accused to be held without bail, request additional bail restrictions like home incarceration, and a protective order which will require a firearm transfer.

Our Experienced Trial Lawyers

Joe Marino

A proven criminal defense attorney assisting clients across Jefferson Parish with decades of courtroom experience, legislative leadership, and significant judicial service.

Davidson Ehle

Davidson Ehle is a seasoned AV-rated trial attorney recognized for criminal defense victories, appellate advocacy, and respected leadership in the Jefferson Parish bar.

Davidson Ehle