Legal Definitions - absence

Absence refers to the state of not being present.

More specifically, it can mean:

• Not being at a particular location: The condition of being away from a place where one usually resides or is expected to be.
• Failure to appear: The act of not showing up at a specific time or event when one is required or anticipated.
• (Louisiana Law) Legal status of a missing person: In Louisiana, it can also refer to the legal status of an individual whose whereabouts are unknown, which has specific implications for their legal rights and property.

Here are some examples illustrating the concept of absence:

• Example 1: A key witness in a criminal trial fails to appear on the scheduled court date, despite being subpoenaed.
• Explanation 1: This is an instance of absence because the witness did not show up when legally expected and required to be present in court. This failure to appear could lead to legal consequences for the witness and potentially delay the trial.
• Example 2: A homeowner decides to take an extended sabbatical, leaving their primary residence unoccupied for six months while they travel overseas.
• Explanation 2: This demonstrates absence as the state of being away from one's usual place of residence for a significant period. Such an absence might require special arrangements for property maintenance or insurance coverage.
• Example 3 (Louisiana Law): After a severe hurricane, a resident of New Orleans cannot be located for several years, and their family needs to access their bank accounts to pay property taxes.
• Explanation 3: Under Louisiana law, if a person's whereabouts are unknown for a specified period, a court might declare them an "absent person." This legal declaration of absence allows for specific legal procedures, such as appointing someone to manage their property, to be initiated.