Louisiana’s promises victimizing the victims

When the state of Louisiana took more than $2 million of the U.S. government’s money aimed at curbing domestic violence, there were several promises made.

One was that the money through the Violence Against Women Act would support programs against domestic violence on the part of law enforcement agencies and courts — and that “laws, policies and practices” of Louisiana would not require victims of abuse to bear costs involved with “filing, issuance, registration, modification, enforcement, dismissal, withdrawal or service” of a protective order.

A comprehensive promise, but it looks as though one that was not entirely kept.

Costs have been levied against abused women who failed to appear for court dates because of illness, difficult work schedules or a lack of child care.

The Advocate identified at least 100 people in 2019 who, for various reasons, failed to appear for their court dates after receiving a temporary restraining order and were subsequently ordered by the East Baton Rouge Parish Family Court to pay hundreds of dollars in costs and fees.

The unexpected price tag levied by the courts left multiple women — already struggling to reach financial independence from their abusers — with the same take-away: ”Don’t waste your time seeking a restraining order.”

That’s not acceptable in these cases.

After a victim of domestic violence receives a temporary restraining order, a judge sets a hearing date within 21 days to hear from both the petitioner and the defendant and determine whether to extend the temporary order, end it or change it to a longer-standing protective order.

Sometimes, outright threats of retribution cause women to stay away. But for women working inflexible hours at low-wage jobs, a sick child or sudden expenses like a broken-down car can lead to missing a court date.

A recent report commissioned by the Legislature notes that the court system’s reliance on fines and fees entrenches poverty and racial disparities.

No one is arguing that it’s a good thing for anyone to miss a court date. The system has to serve a lot of petitioners in the course of a day and even a perfectly legitimate problem does hurt the interests of others.

But with domestic violence a plague in Louisiana families, with Louisiana having the second-highest rate of women murdered by men in the nation, the courts ought not be putting hundreds or even thousands of dollars on fees on the pursuit of protective orders.

And we promised the U.S. government that we wouldn’t. That’s a promise that ought to be kept.