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 in Georgia 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.
If you've been accused of domestic violence, call an Atlanta domestic violence attorney from our firm behind you today so that we can begin crafting your defense!
What is Domestic Violence?
Domestic violence in Georgia may be committed against a past or present spouse, a boyfriend or girlfriend, a child, a parent, or other members of the same household, and may include physical injury, threats of physical injury, emotional abuse, stalking, and other forms of harassment.
Depending on the facts of the case, a person accused of this offense may face either misdemeanor or felony charges, the penalties for which may include jail time, steep fines, probation, counseling, and anger management courses. Additionally, a domestic violence conviction on an individual’s record can result in a loss of reputation that may make it difficult to find employment or a place to live, obtain a loan to go back to school, open up a line of credit, and more.
There are potential defenses against domestic violence charges that may be applied to certain cases. These include:
- Deliberately false accusations. Some allegations are made out of spite. This is especially common in divorce or child custody cases.
- Wrong suspect. A suspect may be able to prove that it was someone else who committed the abuse by presenting a reliable alibi.
- Lack of proof. A defendant cannot be convicted of a crime if the prosecution cannot meet the required burden of proof.
- Self-defense. A claim of self-defense may be successful if the defendant reasonably perceived a threat, was not the initial aggressor, and had a proportional response.
With so much at stake, don’t wait another minute to get the help you need.
Arrested for domestic violence in Georgia? Contact us today to get started with a confidential consultation.
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
- Emotional abuse
- Economic abuse
Penalties 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 in Georgia, 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
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 Weintraub & Alper Legal.
Facing charges for domestic violence in Georgia? When you are ready, schedule a no-cost, confidential case evaluation.
We Have the Desire to Fight
Howard J. Weintraub and Benjamin B. Alper have a 10.0 Superb Rating by Avvo
Howard J. Weintraub Has Received Commendations From the FBI, IRS, & U.S. Attorney General
Our Firm Has Over 55 Years of Combined Legal Experience
Howard J. Weintraub is an Experienced Former Federal Prosecutor