What is a Gwen's Law Hearing?

Gwen’s Law refers to Louisiana Code of Criminal Procedure Article 313. It took effect in 2017 and now allows for a hearing before bail is set if the person has been arrested for certain offenses. If that individual was arrested for domestic abuse battery, violation of a protective order, staling, or any other felony offense that involves the use of force or a deadly weapon upon a family member, he must appear before a judge for a hearing to have his bail set. The hearing must be held within 5 days of the arrest, but does not include legal holidays or weekends in that calculation of time.

The court must consider all regular bail considerations but when Gwen’s Law is applicable, must also consider the following factors in setting bail:

• The criminal history of the defendant;

• The potential threat or danger the defendant poses to the victim, the family of the victim, or to any member of the public, especially children; and

• Documented history or record of any of the following: substance abuse by the defendant; threats of suicide by the defendant; the defendant’s use of force or threats of force against any victim; strangulation, forced sex, or controlling the activities of any victim by the defendant; or threats to kill.

After the hearing, the court may refuse bail if there is clear and convincing evidence that the defendant is a flight risk or that he poses a danger to any other person or the community. If bail is granted, the court may order electronic monitoring for the defendant and/or house arrest.

If you or someone you know has been arrested and is awaiting a Gwen’s Law hearing, call us at (318) 459-9111 to request a consult.