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In 1982, the Louisiana Legislature passed the Domestic Abuse Assistance Act. It provided a quick civil remedy for victims of domestic abuse, including children. This is the first time a legislative body in Louisiana acknowledged the need for such relief. It reads in part;
La. R.S. 46:2131, Purpose
The purpose of this Part is to recognize and address the complex legal and social problems created by domestic violence. The legislature finds that existing laws which regulate the dissolution of marriage do not adequately address problems of protecting and assisting the victims of domestic abuse. The legislature further finds that previous societal attitudes have been reflected in the policies and practices of law enforcement agencies and prosecutors which have resulted in different treatment of crimes occurring between family or household members and those occurring between strangers. It is the intent of the legislature to provide a civil remedy for domestic violence which will afford the victim immediate and easily accessible protection. Furthermore, it is the intent of the legislature that the official response of law enforcement agencies to cases of domestic violence shall stress the enforcement of laws to protect the victim and shall communicate the attitude that violent behavior is not excused or tolerated.
Added by Acts 1982, No. 782, § 2.
In 1991, the Legislature took another step forward when it enacted Children’s Code Article 1564 which afforded the same relief given to victims in the Domestic Abuse Assistance Act to victims who reside in homes with children.
Ch.C. Art. 1561, Purpose
The purpose of this Chapter is to recognize and address the complex legal and social problems created by domestic violence and to provide a civil remedy in the juvenile courts for domestic violence in homes in which children reside which will afford the victim immediate and easily accessible protection. Acts 1991, No. 235, § 15, eff. Jan. 1, 1992.
One of the primary differences between the two acts is that the Children’s Code provides that a local child protection unit of the Department of Social Services or the District Attorney may seek relief on behalf of any child. However, the real teeth for the protection of children and the focus on supervised visitation came with the passage the Post Separation Family Violence Relief Act.
La.R.S. 9:361 Legislative findings
The legislature hereby reiterates its previous findings and statements of purpose set forth in R.S. 46:2121 and 2131 relative to family violence and domestic violence. The legislature further finds that the problems of family violence do not necessarily cease when the victimized family is legally separated or divorced. In fact, the violence often escalates, and child custody and visitation become the new forum for the continuation of the abuse. Because current laws relative to child custody and visitation are based on an assumption that even divorcing parents are in relatively equal positions of power, and that such parents act in the children's best interest, these laws often work against the protection of the children and the abused spouse in families with a history of family violence. Consequently, laws designed to act in the children's best interest may actually effect a contrary result due to the unique dynamics of family violence. Acts 1992, No. 1091, § 1.
THE WHISTLE STOP believes that all children deserve the right to be protected and should therefore be granted a safe environment while exercising visitation with parents. Our mission is to provide a safe and secure environment and to promote the welfare of the children and parents during visits and exchanges, consistent with the legislative findings in the Louisiana Post-Separation Family Violence Relief Act, LA R.S. 9:361, et.seq.
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