FAQs About Domestic Violence Charges in Georgia

FAQs About Domestic Violence Charges in Georgia

Domestic violence is a serious issue in Georgia that can lead to severe legal consequences. If you have been charged with domestic violence, it is crucial to understand your rights and the complex legal process you now face. This article will provide answers to frequently asked questions about domestic violence charges in Georgia to help you make informed decisions about your case.

What is considered domestic violence in Georgia?

Georgia’s domestic violence laws are quite broad. Domestic violence includes any felony or the following misdemeanors committed between current or former spouses, 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:

• Battery
• Simple battery
• Simple assault
• Assault
• Stalking
• Criminal damage to property
• Unlawful restraint
• Criminal trespass^[1]

So domestic violence encompasses physical, emotional, and psychological abuse between family or household members. It is not limited to physical assault between spouses or intimate partners.

What are common domestic violence charges in Georgia?

The two most common domestic violence charges in Georgia are assault and battery^[2]. For example, if police respond to a domestic dispute call and see evidence of physical injuries, they may charge one party with domestic violence battery.

Domestic violence charges are usually misdemeanors but can rise to “high and aggravated” misdemeanors with additional penalties. In severe cases involving weapons or significant injuries, charges can jump to felonies.

What are the penalties for domestic violence convictions in Georgia?

Penalties for domestic violence convictions vary based on the specific charges and circumstances of each case. Possible penalties include^[1]:

• Jail time – Length of sentence depends on severity of offense and criminal history.
• Fines – Amount depends on specific offense.
• Probation – May be required instead of or in addition to jail time.
• Protective orders – Can restrict contact with victim.
• Loss of rights – Gun ownership, child custody, etc. may be restricted.
• Permanent criminal record – Can impact jobs, housing, etc.

What happens for first-time domestic violence offenders?

Georgia courts take domestic violence very seriously and aim to deter it, especially within families^[2]. For a first offense misdemeanor, penalties often include:

• 12 months probation
• $1,000 fine
• Anger management or substance abuse classes
• Possible short jail sentence (e.g. 30 days) for severe cases

The consequences are harsher than a regular assault or battery charge.

How are repeat domestic violence offenders punished in Georgia?

Georgia law increases penalties for repeat domestic violence offenders^[2]. A second conviction, even for a misdemeanor, can result in up to 5 years in prison. Mandatory jail time is likely for subsequent offenses.

Can you be removed from your home for domestic violence?

Yes, it is common for alleged domestic violence offenders to be removed from the home, at least temporarily. Prosecutors will likely fight against allowing you to return home before the case concludes^[2].

Does the victim have to testify in a domestic violence case?

No, victims cannot “drop” domestic violence charges in Georgia once filed^[1]. Prosecutors can proceed with charges and subpoena the victim to testify, even if he or she is reluctant^[2]. But victims often do testify willingly.

Do all domestic violence cases go to trial?

No, most domestic violence cases do not go to trial^[2]. Many are resolved through plea bargains or pretrial diversion programs (e.g. charges dropped after classes). But defendants should be prepared for trial, as it does happen.

What are the best defenses for domestic violence charges?

The best defense is often self-defense – proving the actions were necessary to protect yourself or others^[4]. Evidence like audio/video recordings, witness testimony, or documentation of injuries can support a self-defense claim. An experienced criminal defense lawyer can help build the strongest defense.

Why hire a lawyer for domestic violence charges?

Domestic violence cases can permanently impact your life, so skilled legal representation is critical. A lawyer can^[4]:

• Thoroughly review your case and build the best defense strategy
• Advise you on your rights and legal options at each stage
• Negotiate with prosecutors for charge reductions or dismissals
• Represent you in court if necessary to achieve the best outcome
• Provide resources and support to guide you through the process

Having an experienced attorney increases your chances of the best resolution.

Facing domestic violence charges in Georgia can be overwhelming. But understanding your rights and options will empower you to make the best decisions. An experienced criminal defense lawyer can guide you through the complex legal process while building the strongest possible defense for your case. Don’t hesitate to seek skilled legal representation if you are facing domestic violence allegations.