What you think is just an argument can turn into something much more. Who knows what happened? A neighbor may hear raised voices and call the police. The police arrive and decide an argument ensued and so someone must be arrested for domestic violence. Domestic violence in Georgia carries serious consequences when not addressed immediately. These consequences can be both civil and criminal. At Smith Legal Solutions, we assist with attaining and defending against domestic civil protective orders. If you have been charged in Georgia with domestic violence or related offense, it's imperative to contact an attorney.
You have rights, and at Smith Legal Solutions, we are here to uphold your rights and defend any allegations made against you. Call us at (404) 595-1998 to schedule a free 15-minute consultation today.
Domestic Violence in Georgia
Domestic violence describes a range of harm committed in the context of a domestic relationship, usually between spouses, intimate partners, or relatives, but in Georgia, it can also include roommates or other members of the household. Examples of physical acts that can arise from domestic violence include punching, hitting, slapping, or shoving. However, it could extend to other patterns of abusive behavior, like threats of violence, sexual abuse, and stalking.
State-based legislation varies in terms of both the nature of the relationship and the type of conduct required to prove a domestic violence offense. While domestic violence offenses are usually prosecuted at a state level, federal domestic violence legislation exists. In 1994, Congress passed the Violence Against Women Act (VAWA). This Act and subsequent additions to the Act acknowledge domestic violence as a national crime and provide assistance to overburdened state and local criminal justice systems.
The following are federal crimes under VAWA if they are committed within the maritime or territorial lands of the United States or if the offender crosses state or foreign lines to:
- commit or attempt to commit a crime of violence against an intimate partner (18 U.S.C. Section 2261)
- stalk or harass or to stalk or harass by mail or computer (18 U.S.C. Section 2261A)
- violate a qualifying Protection Order (18 U.S.C. Section 2262)
Consequences of Alleged Domestic Violence in Georgia
When a defendant is charged with a domestic violence offense, the court has the power to order a protection order, also referred to as a restraining or no-contact order. Protection orders can be made even when the defendant isn't present in court and before their criminal law matter has been finalized and, in many cases, before the criminal process has really even begun. In essence, when it comes to domestic violence, you can suffer certain consequences before a judge or jury has found you guilty beyond a reasonable doubt.
When a protection order is issued, it can result in two significant consequences, though there may be other penalties or restrictions imposed:
- It can restrict a defendant's contact with the victim and their children; and
- It can require the defendant to leave the family home.
A person subject to a protective order or convicted of a domestic violence offense is also prohibited from owning or possessing a firearm under federal law.
Criminal convictions of any nature, but especially domestic violence offenses, can also impact a defendant's ability to find work or housing. Potential employers or landlords who run a background check may refuse an applicant with a domestic violence conviction.
Penalties of Domestic Violence or a Related Criminal Conviction in Georgia
The sentencing options for domestic violence offenses include many. Much of it depends on the severity of the allegations and any prior protective orders. Generally, penalties can include but are not limited to:
- Fines
- Domestic violence treatment or counseling programs
- Imprisonment upon violation
Defenses to Domestic Violence Allegations in Georgia
A person can defend against a domestic violence charge in Georgia . However, the specific defenses available to a defendant will depend on the circumstances of their case.
Some common defenses include:
- Self-defense or defense of others, where reasonable force was used to prevent an attack
- Lack of evidence, if the prosecution fails to present enough evidence to prove each element of the offense
- False allegations, where the victim has lied about what happened
- Accident, where the defendant unintentionally caused the injury
Contact a Domestic Violence Attorney in Georgia Today
You should speak to an experienced attorney at Smith Legal Solutions immediately if you have domestic violence concerns. We will listen to your version of events, assess the strength of the evidence against you, and advise you of any defenses that may be available to you. Fill out an online submission form or call us at (404) 595-1998 to schedule a free 15-minute consultation today.
