Georgia Domestic Violence

OCGA 19 13 1

In order to understand Georgia’s domestic violence laws, it’s important to first know how the state defines domestic violence. O.C.G.A. 19-13-1 defines domestic violence, legally referred to as ‘family violence’, as specific offenses that occur between past or present spouses, persons who are parents of the same child, parents and children, stepparents and stepchildren, foster parents and foster children, or other persons living or formerly living in the same household. Such offenses include any felony or violent crimes of battery, simple battery, simple assault, assault, stalking, criminal damage to property, unlawful restraint, or criminal trespass. This does not include reasonable discipline administered by a parent to a child in the form of corporal punishment, restraint, or detention.

Many people believe that only those in romantic relationships can be charged with a domestic violence offense, but as you can see, that cannot be further from the truth. Under O.C.G.A. 19-13-1, in order to legally detain and charge an individual with any domestic violence offense, a two-part analysis should be completed. The implicated and the victim have to be in a particular type of relationship. Additionally, a specific offense must take place under the purview of the Family Violence Act.

Georgia Family Violence Act

Georgia’s Family Violence Act is a law developed to protect people who are abused by specific family members, romantic partners, and those living in the same household. It can likewise be utilized to obtain short-term custody, financial assistance, and other support for the abused individual.

Family Violence Act GA Penalties

The Georgia Family Violence Act licenses the state to penalize defendants more roughly for misdemeanors categorized as domestic violence. For example, state and federal laws prohibit anyone found guilty of a misdemeanor criminal offense of domestic violence from ever owning a firearm, and a single conviction for any domestic violence crime under state law leads to any subsequent offense being immediately charged as a felony. 

The stakes are much greater when standard charges such as battery or simple assault are implicated as domestic violence crimes under the Georgia Family Violence Act. If you are charged with felony family violence battery, you may face up to five years in prison, and the penalties for aggravated assault – family violence include up to 20 years in prison. These penalties should not be taken lightly, and you should never face the judge and jury for your Georgia domestic violence charges without a dedicated criminal defense attorney by your side. 

GA Domestic Violence Resources

In Georgia, victims of domestic violence have numerous resources at their disposal to ensure that they can safely get back on their feet. And while these resources are incredibly important to the well-being of domestic violence victims, alleged offenders should be aware that some of these resources can negatively impact their lives, making it increasingly important to fight false or unjust domestic violence charges.

Most notably, victims of domestic violence can request temporary protective order hearings to obtain a judge’s protective order against alleged abusers. This type of order can prevent you from lawfully contacting the individual who submitted the order, keeping custody of your kids, residing in your own house, driving your car, going into or staying in the area of the accuser or your child, and many other activities. You might be required to make temporary spousal support or child support payments or go to mental health therapy, as well as pay the filer’s legal costs.

Georgia Commission on Family Violence

Whether you are a victim of domestic violence or are experiencing legal issues related to domestic violence charges in Georgia, you will likely encounter the Georgia Commission on Family Violence. With 37 members from all disciplines, this organization was established to manage domestic violence problems and recommend legislative action. Services include family violence intervention programs, family violence task forces, and law enforcement roll-call training.

Georgia Coalition Against Domestic Violence

Another resource for Georgia domestic violence victims is the Georgia Coalition Against Domestic Violence. The Georgia Coalition Against Domestic Violence is a leader in the motion to end domestic violence in Georgia, representing over 50 domestic violence programs and organizations throughout the state. By informing the general public and promoting responsive public law, their objective is to empower survivors of domestic violence and the programs that serve them.

If you have been accused of domestic violence, you should never violate the domestic violence laws enforced by these resources — for example, violating a protective order could result in up to a year in jail, and if your offense is characterized as stalking, you could face up to 10 years in prison. If you’re interested in fighting a protective order or other domestic violence-related legal action against you, a Lawrenceville domestic violence defense lawyer can help you tell your side of the story in court and regain your rights and freedom.

Domestic Violence Georgia Attorney

It is clear that even an allegation of domestic violence can have a significant negative impact on your life. Such allegations not only lead to worries about preventing a criminal conviction, but also about protecting your reputation among your family, friends, colleagues, and neighborhood. And if that isn’t difficult enough, you need to prepare those defenses all while being displaced from your home and your loved ones. With all of these factors in mind, handling a pending domestic violence case alone can be challenging and can make you feel beat before you even step foot in court. 

However, there is no need to panic. You’ve come to the right place and you are not alone. As one of the top criminal defense attorneys in Georgia, we are prepared to stand by your side and fight on your behalf. 

Contact a Lawyer for Domestic Violence In Georgia

If you’re the victim of domestic violence, please seek help by calling the Georgia domestic violence hotline at 1-800-334-2836 and keep a safe distance from your abuser. And if you were charged with or accused of a Georgia domestic violence crime, you should give yourself the best opportunity to exercise your constitutional rights and safeguard yourself against the charges. 

Being charged with a crime is always difficult, but when it involves family, unprecedented challenges can arise. We can help. Contact us today for a free consultation.