Art. 2315.8. Liability for damages caused by domestic abuse
A. In addition to general and special damages, exemplary damages may be awarded
upon proof that the injuries on which the action is based were caused by a wanton and
reckless disregard for the rights and safety of a family or household member, as defined in
R.S. 46:2132, through acts of domestic abuse resulting in serious bodily injury or severe
emotional and mental distress, regardless of whether the defendant was prosecuted for his
or her acts.
B. Upon motion of the defendant or upon its own motion, if the court determines that
an action seeking damages under this Article is frivolous or fraudulent, the court shall award
costs of court, reasonable attorney fees, and any other related costs to the defendant and any
other sanctions and relief requested pursuant to Code of Civil Procedure Article 863.
Acts 2014, No. 315, §1; Acts 2018, No. 264, §1.