Provides relative to civil actions and remedies in matters involving domestic abuse. (8/1/17)
The proposed law expands the definition and scope of liability for domestic abuse to include dating partners, recognizing the serious ramifications of domestic abuse beyond marital boundaries. By codifying the rights for victims to seek damages not only from spouses but also from dating partners, SB92 addresses a significant gap in current laws, aiming to provide broader protections for those affected by such abusive relationships. It also establishes clear prescriptive periods for actions related to domestic abuse, which creates a structured timeline for victims seeking redress.
Senate Bill 92 aims to amend existing laws regarding civil actions and remedies in cases related to domestic abuse in Louisiana. The bill retains current provisions prohibiting spouses from suing each other under most circumstances, except for specific situations related to contracts, divorce, and child custody. It explicitly states that this interspousal immunity does not abrogate existing causes of action, thereby allowing for legal recourse in situations involving domestic abuse, which is critically necessary given the complexities surrounding such incidents within marital contexts.
Overall, the sentiment surrounding SB92 is aimed towards progressive legal reform, focusing on the enhancement of victims' rights. Advocates for the bill emphasize its importance in creating a supportive legal environment for individuals affected by domestic violence. However, some opposition may arise from traditionalists who argue that existing laws already adequately protect individuals and that expanding the scope of liability could lead to an increase in frivolous lawsuits regarding personal relationships.
One of the notable points of contention surrounding SB92 is regarding the balance between protecting victims of domestic abuse and ensuring due process for defendants in these cases. The bill introduces mechanisms for the admissibility of evidence pertaining to acts of domestic abuse in civil actions, which may raise concerns about how such evidence is used and perceived within the court system. The potential for perceived bias against defendants exists, as allegations may heavily influence legal proceedings, irrespective of the eventual prosecution status.