Domestic violence cases in Georgia are among the most emotionally charged and legally complex criminal matters. They involve not only criminal penalties but also restraining orders, child custody georgia age of consent laws and potential damage to your reputation and career. If you’ve been accused of domestic violence, understanding the law and your defense options is vital.
1. What Constitutes Domestic Violence in Georgia?
Under O.C.G.A. § 19-13-1, domestic violence—also called “family violence”—refers to certain criminal acts committed between individuals with a specific relationship, such as:
Current or former spouses
Parents and children
Stepparents and stepchildren
Persons who have a child together
Individuals who currently or formerly lived in the same household
Crimes considered domestic violence include battery, assault, stalking, criminal trespass, false imprisonment, and damage to property. The relationship between the parties determines whether the offense qualifies as “family violence.”
2. Penalties for Domestic Violence in Georgia
The penalties for domestic violence depend on the type of crime and any prior offenses. For example:
Simple Battery (Family Violence): Up to 12 months in jail and a $1,000 fine (misdemeanor).
Aggravated Assault or Battery: Felony charges carrying 1 to 20 years in prison.
Stalking or Aggravated Stalking: Felony, punishable by 1 to 10 years in prison.
Criminal Damage to Property or False Imprisonment: Felony charges depending on the severity.
In addition, a conviction can result in mandatory counseling, restraining orders, and loss of firearm rights under federal law.
3. The Impact Beyond Criminal Penalties
A domestic violence accusation can have lasting consequences, even before trial. Courts often issue temporary protective orders (TPOs), which can restrict contact with family members, force you out of your home, and limit visitation with children. A conviction can also affect employment, housing opportunities, and professional licensing.
If you’re a non-citizen, domestic violence charges may also lead to deportation or immigration consequences.
4. Common Defenses Against Domestic Violence Charges
A strong defense begins with a detailed understanding of the facts and evidence. Common strategies include:
False allegations: Domestic violence charges are sometimes based on false or exaggrated claims, often during custody disputes or relationship conflicts.
Self-defense: Showing that you acted to protect yourself or others from harm.
Lack of intent or accident: Demonstrating that any injury was unintentional.
Insufficient evidence: Challenging unreliable witness testimony or lack of physical proof.
Violation of rights: Arguing that police failed to follow proper procedures during arrest or questioning.
A Georgia criminal defense attorney can review the evidence, interview witnesses, and expose inconsistencies in the prosecution’s case.
5. Protective Orders and Your Legal Rights
If you are served with a Temporary Protective Order (TPO), it’s critical to follow it strictly—even if you believe the order is unjustified. Violating a TPO can lead to immediate arrest and additional criminal charges. Your attorney can help you request a hearing to challenge or modify the order.
6. Conclusion
Domestic violence allegations in Georgia can destroy reputations, families, and futures. But being accused does not mean you are guilty. With the help of an experienced Georgia criminal defense attorney, you can fight back, challenge false claims, and work toward clearing your name. Protecting your rights begins with understanding the charges—and acting quickly.