Atlanta Domestic Violence Lawyer
Domestic violence, which is also often referred to as family violence in Georgia, doesn’t necessarily refer to a single crime, but rather to a category of offenses that are committed between certain people, namely those who are in a domestic relationship. Whatever the circumstances, domestic violence accusations are taken very seriously in Georgia and could result in the issuance of an Order of Protection and other penalties. To ensure that your own interests are protected during your domestic violence proceedings and that you are not unfairly punished for a crime you didn’t commit, please call our experienced Atlanta domestic violence lawyers today for help.
Defining Family Violence
Under Georgia law, domestic violence is defined as the occurrence of specific acts between certain individuals, including:
- Past and present spouses;
- Parents of a shared child;
- Parents and children, including stepparents and stepchildren and foster parents and foster children; and
- Those who live or formerly lived together in the same household.
Certain offenses, when committed between these individuals, qualify as domestic violence, including:
- Any felony crime;
- Battery or simple battery;
- Simple assault and assault;
- Stalking;
- Criminal property damage;
- Unlawful restraint; and
- Criminal trespass.
It’s important to note that victims cannot choose to drop or press charges once a case has been submitted to the prosecutor by a law enforcement agency. Instead, the decision to proceed with the prosecution of a case is in the sole discretion of the state. In fact, charges can even be prosecuted without the cooperation of the victim if there is enough independent evidence to prove that the elements of the crime have been satisfied.
Protective Orders
It is not uncommon, in domestic violence cases, for courts to issue protective orders, which can fulfill a number of purposes, including:
- Barring the accused from engaging in certain acts;
- Granting a spouse possession of the family home and excluding the other spouse from the premises;
- Requiring the accused to provide suitable alternate housing for a spouse and his or her children;
- Awarding temporary custody to one party and establishing visitation;
- Ordering either party to pay child support or spousal maintenance;
- Barring the accused from harassing the alleged victim; and
- Ordering either party to attend therapy or obtain appropriate treatment.
Violating one of these orders can have serious consequences, resulting in a misdemeanor conviction and potential jail time. With this in mind, it is important for those who have been ordered to comply with a restraining order, to speak with an attorney about the terms of the order and how to avoid violations.
Can domestic violence charges be dropped by the alleged victim?
No, in Georgia, once law enforcement files domestic violence charges, the decision to proceed with prosecution is up to the state, not the alleged victim. Even if the accuser wants to drop the charges, the prosecutor can still move forward if there is enough evidence to support the case.
What are the penalties for a domestic violence conviction in Georgia?
Penalties for a domestic violence conviction vary depending on the severity of the charges. Misdemeanor domestic violence offenses can result in up to one year in jail and fines, while felony domestic violence charges may carry multi-year prison sentences. Additional consequences can include restraining orders, loss of firearm rights, and negative impacts on child custody cases.
How can an attorney help defend against domestic violence charges?
An experienced domestic violence lawyer can help by challenging the evidence, uncovering inconsistencies in witness statements, and demonstrating that the allegations are false or exaggerated. Common defenses include self-defense, lack of evidence, or proving that the accusations were made out of revenge or to gain leverage in a divorce or custody case.
Experienced Atlanta Domestic Violence Lawyers
Being convicted of domestic violence can have serious repercussions, damaging personal relationships, affecting custody rights, and even making it difficult to secure employment. For these reasons, coming up with a strong defense is of the utmost importance to those who have been unfairly accused of domestic violence. For help coming up with a defense strategy, or to learn more about your domestic violence charges, please call 770-209-2310 and set up a free consultation with a dedicated Atlanta criminal defense attorney from The Spizman Firm today.
