By: Family Violence lawyer Larry Kohn, a top-ranked AVVO Superstar domestic assault lawyer Atlanta with almost 600 5-Star reviews, and Domestic Violence attorney Georgia Cory Yager, and ex-cop for nearly a decade and now a Domestic Violence attorney in Georgia.
The usual pattern of Georgia law domestic violence. In some cases, our client noticed several "events" that signaled a "crisis" was forming. Far too often, though, the accused person never called for legal advice until a TRO (temporary restraining order) has been issued.
In some assault and battery cases, our client is accused of violating domestic violence laws. In some cases, our clients in Georgia will be able to utilize Georgia self-defense laws as the primary defense.
The person then began recording audio or video of the interactions that later led to the police arriving at the dwelling place of the accused person. This evidence sometimes was available to show that our client was being falsely accused.
Defending a family violence charge in Georgia. Those anticipating being falsely accused of a family violence charge in GA need to consult with (and possibly retain) a family violence lawyer near me sooner rather than later.
In this article, "FV" will be a short way of identifying "family violence." Similarly, DV will signify "domestic violence."
Our litigation team's Fulton County domestic violence lawyers have 3 offices in Fulton County, GA and one on Cobb County. Many callers are very concerned about their gun rights, which often hang in the balance waiting on the outcome of the criminal case.
Many of our clients are surprised to learn that these acts include more than just physical harm. They also involve emotional and psychological abuse to family members or former roommates. Understanding these family violence laws can help victims get the right legal help and protection.
It’s important to know that domestic violence can take many forms. This is why more than one Georgia Code section may apply to your facts. The statute of limitations for felony Georgia domestic violence cases typically is four (4) years for a felony case, while underlying misdemeanor crimes leading to a FV charge is two (2) years.
Georgia law defines "family violence" in O.C.G.A. § 19-13-1. It includes specific acts between certain people. These people can be current or former spouses.
They can also be parents of the same child. Other relationships include parents and children, stepparents and stepchildren, and foster parents and foster children. It also covers others who live or used to live in the same household.
The following criminal offenses related to domestic violence laws Georgia serve as the foundation for family violence charges under various domestic violence laws in GA, when committed between qualifying parties:
1. Any Felony
Georgia law clearly states that any felony can be considered family violence if it happens between certain people. Jail time for misdemeanors is limited to 12 months.
However, for "high and aggravated" misdemeanors, most of the sentence must be served. There is very little "good time" credit available. This wide category includes serious crimes, no matter what they are.
2. Simple Assault - O.C.G.A. § 16-5-20
Simple assault happens when someone tries to hurt another person or makes them fear they will be hurt. It also can be from intentional contact of an insulting nature with the person, such as touching a woman's breasts. When this occurs between family or household members, it is a more serious misdemeanor. Because of this, finding the right assault attorney in Georgia should be very important.
3. Assault (Aggravated Assault) - O.C.G.A. § 16-5-21
Aggravated assault means attacking someone with the intent to kill, rape, or rob. It can also involve using a deadly weapon or an object that can cause serious injury. This includes using something that can strangle someone or if you fire a gun from a vehicle. This crime is a felony and can lead to 1 to 20 years in prison.
4. Simple Battery - O.C.G.A. § 16-5-23
A simple battery charge happens when someone intentionally touches another person in a rude or provoking way. It can also mean causing physical harm to someone. Being charged with a simple battery offense is much better than facing a more serious battery charge under OCGA 16-5-23.1.
When simple battery occurs between certain family members, it becomes a serious misdemeanor. This requires special court strategies from a battery attorney in Georgia. They work to reduce the serious claims of violence.
5. Battery - O.C.G.A. § 16-5-23.1
Battery means purposely causing serious physical harm to someone else. "Visible bodily harm" includes black eyes, swollen lips, or big bruises. This is usually a misdemeanor but can turn into a felony if it happens again.
6. Aggravated Battery - O.C.G.A. § 16-5-24
Aggravated battery happens when someone intentionally hurts another person. This can include taking away a body part, making a body part useless, or causing serious disfigurement. This crime is a felony and can lead to 1 to 20 years in prison.
7. Stalking - O.C.G.A. § 16-5-90
Stalking means following, watching, or contacting someone without their permission to harass or scare them. This behavior must show a pattern of harassment and intimidation that has no real reason.
8. Criminal Damage to Property
This offense includes both first and second-degree criminal damage to property:
9. Unlawful Restraint (False Imprisonment) - O.C.G.A. § 16-5-41
False imprisonment happens when someone arrests or keeps another person without legal authority. This breaks their personal freedom. This crime can lead to 1 to 10 years in prison.
10. Criminal Trespass - O.C.G.A. § 16-7-21
Criminal trespass means intentionally damaging someone else's property (damage of $500 or less). It also includes knowingly interfering with how someone uses their property. Additionally, it involves entering or staying on someone else's property without permission. This is usually a misdemeanor offense.
The state of Georgia domestic violence laws. Each form of abuse or assault can cause serious harm to victims, either physically and psychologically or both.
In Georgia, our simple battery law defines contact with a person as any intentional act meant to harm or provoke. A simple assault charge, though, does not require contact. This includes actions like pushing, slapping, or anything that causes physical injury (e.g., bruising, cuts) or emotional pain.
Georgia provides many resources for victims of domestic violence. These include shelters, counseling services, and legal aid.
Groups like the Georgia Coalition Against Domestic Violence offer important support and advocacy. These resources help victims rebuild their lives. They also give victims the tools they need to recover and move forward.
Our Firm's award-winning criminal lawyers and legal book co-authors did not attain top rankings with Super Lawyers, AVVO, Martindale and Best Law Firms in America by botching a client's defense.
For other related, important Resources and Links on various related topics for domestic abuse, identifying abusive behavior, and obtaining protective orders:
Top domestic violence attorneys near me. Domestic violence defense attorney Larry Kohn has the highest ratings among our lawyers. He has worked with famous criminal defense lawyer William "Bubba" Head for over 27 years.
Mr. Kohn has handled more domestic violence cases than any other partner at our law office. In 2025, he is widely regarded as one of the best domestic violence attorneys in Georgia.
Because the initial consultation is at NO COST, why not call today for legal advice and help with domestic violence at 404-567-5515. Your first call to our law group can help you understand possible solutions. We can also discuss strategies for handling this crisis.
With a FREE lawyer consultation from award-winning Georgia lawyers, what are you waiting for?
If you or someone you know faces domestic violence accusations, seek help immediately. Keep in mind that physical contact isn't always a required "component" in every situation, if the behavior was an attempt to commit battery or involved an act that was insulting or provocative.
Our lawyers learned criminal defense from the famous attorney William C. Head. One of our three attorneys is usually available 16 to 18 hours a day. We also offer a top-rated 24-hour service to support our attorneys. You can call 404-567-5515 anytime, even on weekends and holidays.
This service answers any calls we miss. It helps us learn about assault cases or battery arrests. We are informed of any charges related to domestic violence under Georgia laws.
Contact local authorities, lawyers, or support groups to stay safe and get help. Taking action protects the victim plus can help end the cycle of violence. This also makes the community safer for everyone.
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