WeVote
Log In

Bill

Bill

HB 306

DOMESTIC ABUSE: Provides relative to court costs and fees in domestic abuse cases

2026 Regular Session Introduced by Kathy Edmonston

HB 306 shifts post-initial DV case costs to standard civil practice, makes attorney fees reasonable, requires court-approved evaluation fees, and ends automatic perpetrator liabili

Read by title, returned to the calendar.
0
WeVote Research Nonpartisan
Bill Summary · HB 306

Bill Summary — HB 306 (Louisiana, 2026 Session)

Title

Domestic Abuse: Provides relative to court costs and fees in domestic abuse cases

Purpose and Intent

HB 306 seeks to modify the allocation of court costs and attorney fees in domestic violence (DV) cases after the initial hearing. The bill, as amended by the House Committee, aims to standardize and clarify who pays certain costs and to restrict or adjust which costs are recoverable by the perpetrator.

Key Provisions and Changes

  • Costs after the initial hearing (R.S. 46:2136.1(A))
    • Present law requires the perpetrator of domestic violence to pay:
    • all court costs, attorney fees, costs of enforcement and modification proceedings, costs of appeal, evaluation fees, and expert witness fees incurred in maintaining or defending DV cases, unless the court finds the petition frivolous.
    • HB 306 (as amended) modifies this framework:
    • After the initial hearing, all costs are handled “as in any other civil proceeding.” Each party bears their own attorney fees.
    • The bill removes from the scope (i.e., no longer automatically assigned to the perpetrator) the costs associated with modification or maintenance of DV proceedings.
  • Attorney fees
    • The bill introduces a provision that the attorney fees awarded should be a reasonable attorney fee.
  • Evaluation fees
    • Evaluation fees must be court-approved, rather than automatically incurred or unregulated.
  • After initial hearing
    • The amendments remove language that made each party responsible for attorney fees after the initial hearing and instead align costs with standard civil-proceeding practices.

Affected Parties and Impacts

  • Domestic violence petitioners (victims) and respondents (perpetrators)
    • The responsibility for paying certain post-initial-hearing costs shifts toward standard civil-proceeding practice, with each party generally responsible for their own attorney fees.
    • Modification and maintenance costs related to DV proceedings are no longer automatically charged to the perpetrator.
    • Evaluation fees require court approval, potentially limiting automatic cost shifting to the other party.
  • Courts
    • Will administer costs and fees under the revised framework consistent with other civil cases, including appointing or approving evaluation fees as court-approved.
  • Legal practitioners
    • Need to ensure attorney fees are reasonable and aligned with court-approved evaluation fees and civil-proceeding cost allocations.

Procedural and Timeline Aspects

  • Effective mechanics
    • The change applies after the initial DV hearing contemplated by R.S. 46:2135.
    • Costs will be assessed like other civil proceedings, with each party responsible for their own attorney fees (per the amended language).
  • Legislative history and status
    • House Committee amendments were adopted:
    • Introduced: reasonable attorney fee standard
    • Court-approved evaluation fees
    • Removal of post-initial-hearing mutual attorney-fee responsibility language
    • Floor actions and final status: As of the latest update, amendments were adopted and the bill progressed through committee and floor consideration.

Practical Takeaway

HB 306 refines who pays post-initial-hearing costs in domestic violence cases to align more closely with standard civil-proceeding cost allocations. It emphasizes reasonable attorney fees, court-approved evaluation fees, and eliminates automatic post-initial-hearing cost shifting to the DV perpetrator for modification and maintenance matters. The bill aims to ensure costs are fairer and more predictable for both parties, while preserving accountability for frivolous petitions.

Compiled from official sources — confirm details with the bill’s official record.

Sign in to ask a question.