Under Georgia law, domestic violence refers to physical and emotional abuse between past or present spouses, parents of the same child, stepparents and stepchildren, foster parents and foster children, grandparents and their grandchildren, and other family members. Domestic violence accusations are taken very seriously and could have lasting impacts on your life if you are found guilty.
What is Domestic Violence?
Many different types of abuse fit under the umbrella term “domestic violence.” Abuse can be physical, such as hitting, kicking, and assault. It can also include sexual assault and forceful touching. It can also include stalking, criminal damage to property, unlawful restraint, and verbal threats. The perpetrator can be anyone who is part of the victim’s family or household. They can be male or female, young or old. They can be from any socioeconomic or ethnic background and may be straight, gay, or lesbian.
Victims of domestic violence can petition the courts for a restraining order, which will keep their abuser away from them. They can also file a criminal complaint against the person who hurt them. Depending on the severity of the crime, convicted domestic violence offenders may face a damaged reputation, lose their job, and even be put into prison. They might also lose custody of their children if they are convicted.
Restraining Orders
When a crime of domestic violence takes place, a judge may issue a Family Law Protective Order (restraining order). This will prohibit the alleged abuser from having any contact with the victim for a certain period of time. If they violate this order, it can result in additional criminal charges including aggravated stalking and/or a misdemeanor or felony for contempt of court.
A temporary protective order can be filed during regular court hours at the Family Division office in your county courthouse. It will direct the alleged abuser to stay away from the victim, limit communication, prohibit weapons, allow one party to live in their home (if safe), set up custody and parenting time (visitation), require financial support, and more.
Both the victim and the alleged abuser will have an opportunity to share their sides of the story during a final PFA hearing before a judge. They will also have the right to a domestic violence attorney in Atlanta.
Criminal Charges
In Georgia, any kind of violence against someone that you are in a domestic relationship with can be charged as a domestic violence offense. You may be accused of hitting, slapping, kicking, or even rape. Depending on the severity, the charge can result in criminal convictions such as misdemeanor or felony charges.
Many times just a simple argument can turn into a domestic violence battery or assault case because neighbors often overhear arguments and then call law enforcement. Once the police are on the scene, it takes very little evidence to make an arrest based on what is heard.
Once a person is arrested they will be ordered by the court to stay away from their spouse or significant other and in some cases, children. They will also be required to attend anger management classes and if there was alcohol or drugs involved, counseling. A conviction for domestic violence in the State of Georgia can ruin your reputation and could affect your future employment prospects as well.
Child Custody
A domestic violence accusation can have a significant impact on a family’s life. A conviction can lead to loss of custody or visitation rights, loss of a 2nd Amendment right to own firearms, and many other consequences. The court may also order that the accused have no contact with their victim, restraining them from coming within a specific distance of each other and/or forcing them to attend classes for anger management.
A person who is convicted of domestic violence could face jail time, probation, community service, and fines or fees. Depending on the severity of the offense, the accused person may also lose their career and their reputation.
The Solomon Firm provides high-quality legal representation for domestic violence victims and those who are falsely accused of abuse. It is important to understand that a divorce case and child custody issues often arise in tandem with domestic violence allegations and that false accusations can be harmful to a family’s health and well-being.