Arrests for domestic abuse battery, violations of protective orders, stalking, or certain felony offenses involving the actual or threatened use of force against a family member, household member, or dating partner may require a special bail hearing.
In Louisiana, this contradictory hearing is commonly known as a Gwen’s Law hearing. Before bail is set, the prosecution may ask the court to temporarily detain the accused without bail pending the hearing. As a result, a person arrested on a qualifying domestic violence allegation may remain in jail until the Gwen’s Law hearing takes place.
The hearing must generally be held within five days of the court’s determination of probable cause, excluding weekends and legal holidays. At the hearing, the court determines the conditions of bail or whether the accused should remain held without bail pending trial.
Because a person’s release and the conditions imposed by the court may be decided at this hearing, it is important to retain an experienced criminal defense attorney as early as possible. An attorney can gather and present favorable information, respond to allegations concerning flight risk or danger, advocate for reasonable bail, and address proposed restrictions before the court enters its order.
The court may impose significant conditions of release, including restrictions on contact with the alleged victim, limitations on where the accused may live or travel, and other protective or stay-away provisions. These conditions can affect a person’s home, family relationships, employment, and ability to possess firearms.
Another serious concern following a domestic violence arrest is the effect that a protective order may have on the possession of firearms and a concealed handgun permit.
When a qualifying protective order or injunction is issued, Louisiana law requires the transfer of all firearms and the suspension of the person’s concealed handgun permit. The court will also require the person to disclose the number, type, and location of any firearms in his or her possession.
Firearms subject to a transfer order generally must be transferred within the time required by law. Depending on the circumstances, the firearms may be transferred to the sheriff or to a legally qualified third party through the procedure established by Louisiana law. A third party receiving the firearms cannot live in the same residence as the person subject to the order and may not return the firearms until that person is again legally permitted to possess them.
Failure to follow the firearm-transfer requirements can result in contempt proceedings and may create additional legal consequences including bond revocation. It is therefore important to understand the order, comply with all deadlines, and properly document the transfer.
Domestic violence offenses carry enhanced penalties for subsequent convictions. Conduct initially prosecuted as a misdemeanor may result in felony charges and substantially greater penalties if there are later offenses.
Protective orders and domestic violence convictions may also result in state and federal firearm restrictions. These consequences can continue beyond the immediate criminal case and may affect employment, housing, professional licenses, child custody, and other important rights.
At Marino & Ehle, LLC, attorneys Joseph A. Marino III and Davidson S. Ehle III have successfully defended clients accused of domestic violence offenses, including clients who maintained that the allegations against them were false or misleading.
We represent clients at Gwen’s Law hearings and advocate for:
The period immediately following a domestic violence arrest can be critical. A person may remain incarcerated while waiting for the hearing, and the court’s rulings may affect freedom, family relationships, residence, employment, and firearm rights.
Contact Marino & Ehle, LLC as soon as possible after an arrest so that an attorney can prepare for the Gwen’s Law hearing before bail and other important conditions are decided.
Davidson Ehle is a seasoned AV-rated trial attorney recognized for criminal defense victories, appellate advocacy, and respected leadership in the Jefferson Parish bar.
