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Atlanta Domestic Violence Lawyer

Minimizing Repercussions of a Family Violence Charge

Domestic violence is defined under Georgia law as any form of violence that is brought upon by one family member to another, such as parents and children, step or foster parents and children, grandparents, aunts and uncles, and can also extend to other members who have lived or are currently living in the household. These acts may be coercive, abusive, threatening, or the individual accused may use force. It may also mean emotional or economic abuse.

If a family member has notified authorities, claiming that there is domestic violence in your home, law enforcement may interrogate you in an attempt to admit to any wrongdoing. Domestic violence charges are taken very seriously by law enforcement, which means you could face any number of penalties, which will depend upon the level of accusation, if there were injuries, and how severe those injuries were. That is why you must make it a priority to protect yourself.

Call an Atlanta domestic violence attorney from our firm behind you today so that we can begin crafting your defense!

Family Violence Cases We Handle

Georgia defines domestic violence as an act of "family violence," portecting against sexual, physical, or emotional abuse experienced from family members.

Here are common examples of family violence:

  • Assault and battery
  • Sexual assault
  • Child abuse
  • Stalking
  • Emotional abuse
  • Economic abuse
  • Trespassing

Punishment for Domestic Violence in Georgia

The punishments for family violence acts are often much more severe than in cases where violence is committed between strangers. Not to mention, there may often be an emotional element involved between family members that may be damaging to one another's trust.

In the some situations, family members can request to have a courts order a restraining order on the family member. Alleged offenders could be forced to stay away from family members, cease communication, and could even lose custody of your children. Additionally, for a felony or misdemeanor domestic violence charge, the penalties you face may include jail time, probation, classes for anger management, fines, or community service.

Misdemeanor domestic violence:

  • Hundreds of dollars in fines
  • Up to 1 year in jail

Felony-level domestic violence:

  • Thousands of dollars in fines
  • Between 18 months – 3 years in prison

Handling False Domestic Violence Claims

Inaccurate domestic violence claims can be detrimental to another person’s criminal record and may affect that person’s life forever. Domestic violence claims can include anything involving:

  • Assault
  • Battery
  • Stalking
  • Criminal harassment

No matter what the claim may be, it is best to handle the situation by retaining an experienced and knowledgeable criminal defense lawyer to make sure your rights are protected. Below is a list of different approaches you may want to consider when handling a partner’s inaccurate domestic violence claims or threats.

1.If the two of you are unmarried but share a dwelling…

Contact an Atlanta domestic violence attorney to discuss the different ways you can have your partner removed from the home. Additionally, seek help or advice from a law enforcement agent if your spouse has threatened to make false claims against you. This may save you from an unnecessary arrest or holding.

2.If you two are married…

Get in touch with a lawyer to decide the safest way to end the marriage. In doing this, you have a better chance of safeguarding your rights, despite what your partner may claim or threaten to claim.

3.If you are married but are apprehensive about terminating the relationship due to reasons such as shared children…

Contact a knowledgeable Atlanta domestic violence lawyer to discuss how you can protect yourself from false allegations without jeopardizing the custody of your child.

Law enforcement officers are trained to protect people. If a person claims they were harmed, officers will usually do anything possible to ensure that person’s safety, especially if children are involved. In fact, nearly 700,000 wrongful arrests occur annually due to inaccurate domestic violence claims. Although you may not be convicted, a domestic violence claim can have significant effects on your life immediately and until your case is handled properly.

Hire a Former Prosecutor

Our lead attorney's experience as a former prosecutor for the U.S. Department of Justice has given our firm the insight to take on any number of challenging cases. Remember that while domestic violence charges can resolve in court, the best way to obtain complete protection from your charges is to hire The Law Offices of Howard J. Weintraub, P.C..

Accused of domestic violence? When you are ready, schedule a no-cost, confidential case evaluation.