Georgia Criminal Defense Lawyer Blog
What Is “Family Violence” Under Georgia Law?
Georgia law uses the term “family violence” to describe certain crimes that occur between people with specific relationships, not just married couples. It can apply to spouses, former spouses, parents and children, stepparents and stepchildren, people who share a child, and people who live or formerly lived in the same household.
It does not usually apply to casual roommates or distant relatives with no household connection. The same basic criminal statutes (like battery or assault) apply, but “family violence” is a label that triggers additional consequences and court procedures.
Have you been charged with domestic violence or has your spouse filed for a temporary protection order, or TPO? We can help. Our 3 criminal law attorneys have represented thousands of clients in family violence cases, and they know how sensitive and scary all of this can be. If you are worried about expensive legal fees, our law firm offers payment plans to ease the financial strain on you and your family. Come in for a free lawyer consultation and get answers to your questions. (404) 567-5515.
Common Domestic Violence Charges in Georgia
Domestic violence cases in Georgia often involve charges like simple battery, battery, simple assault, aggravated assault, criminal trespass, and stalking. The underlying conduct can range from pushing or grabbing, all the way to serious injury or use of a weapon.
It is also common to see related charges, such as interference with a 911 call, damage to property, or violations of a protective order. Prosecutors may add or upgrade charges based on the severity of injuries, presence of children, or prior incidents.
How Do Family Violence Battery and Simple Battery Differ?
Georgia has a specific offense called “family violence battery” when battery is committed against a qualifying family or household member. Simple battery generally involves causing physical contact of an insulting or provoking nature, or causing physical harm that is not severe.
When the same conduct is labeled “family violence,” it can carry enhanced penalties, especially for second and subsequent offenses. A prior family‑violence battery conviction can turn a later charge into a felony, even if the new incident would otherwise be a misdemeanor.
What Are the Penalties for Domestic Violence in Georgia?
Penalties depend on the exact charge, the level of injury, and a person’s prior record. A first‑offense family‑violence simple battery or battery is usually a misdemeanor, with potential jail time, fines, probation, and court‑ordered counseling. If there are prior family‑violence convictions, or if the case involves serious bodily injury or a weapon, the charge may be treated as a felony with exposure to prison time.
Judges can also impose no‑contact conditions, stay‑away provisions, and mandatory family‑violence intervention programs as part of probation.
How Can a Domestic Violence Case Affect Custody and Gun Rights?
Even a misdemeanor domestic‑violence conviction can have serious collateral consequences beyond the criminal sentence. Courts in divorce and custody cases can view a family‑violence history as a negative factor when deciding custody and visitation.
Federal and state law can also limit or completely bar the possession of firearms for people convicted of certain domestic‑violence offenses. A no‑contact or protective order can temporarily force someone out of a shared home, restrict their ability to see their children, and require them to surrender weapons while the order is in effect.
What Happens After a Domestic Violence Arrest in Georgia?
Most domestic‑violence investigations start with a 911 call and a law‑enforcement response to a home or public place. Officers will separate the parties, look for visible injuries, talk to witnesses, and decide whether there is probable cause to make an arrest. In many situations, one person is taken to jail even if both people were involved, or the alleged victim does not want charges filed.
After arrest, you will usually see a judge for a first‑appearance or bond hearing, where conditions like no contact, stay‑away orders, and alcohol restrictions can be imposed.
Can the Alleged Victim “Drop” Domestic Violence Charges?
In Georgia, once police make an arrest and a case is sent to the prosecutor, the decision to pursue or dismiss charges belongs to the State, not the alleged victim. An accuser can tell the prosecutor they do not want to go forward, but the prosecutor can still proceed if they believe they can prove the case.
Statements, 911 recordings, photos, medical records, and officer testimony can all be used as evidence even if the alleged victim refuses to testify. Defense strategy often involves carefully addressing these issues without engaging in witness tampering or violating no‑contact conditions.
What Defenses Are Available in Georgia Domestic Violence Cases?
Defenses depend on the facts, but common themes include self‑defense, defense of others, lack of intent, mistaken identity, or evidence that the accusations are exaggerated or false. In some cases, injuries or damage may be the result of an accident or mutual combat rather than a one‑sided attack.
A thorough defense will examine 911 recordings, body‑cam footage, photographs, prior text messages, social‑media posts, and any history of threats or manipulation by the complaining witness. Challenging the credibility of the accusation and the legality of any search or seizure can make a substantial difference in the outcome.
Are There Alternatives to Jail or a Criminal Conviction?
Depending on the county, criminal history, and severity of the incident, alternatives like pretrial diversion, conditional discharge, or family‑violence intervention programs may be available. Some courts will consider dismissing or reducing charges if a person completes counseling, anger‑management, or substance‑abuse treatment and complies with all court‑ordered conditions.
First‑offender treatment or negotiated pleas to lesser, non‑family‑violence offenses can reduce long‑term damage to employment, professional licensing, and gun rights. The availability of these options varies by jurisdiction and judge, so local experience matters.
What Should I Do If I’m Accused of Domestic Violence in Georgia?
If you are under investigation or have been arrested, it is important not to discuss the incident with the alleged victim, witnesses, or law enforcement without legal guidance. Violating a no‑contact order, even with the other person’s apparent consent, can lead to new criminal charges and harm your case.
You should gather any favorable evidence you can safely preserve, such as messages, call logs, photos, and names of witnesses. Speaking with an experienced Georgia criminal defense lawyer as early as possible allows you to understand the charges, protect your rights, and begin building a strategy aimed at reducing or dismissing the allegations.
How Do Domestic Violence Cases Work in Atlanta and Fulton County?
Domestic violence and family‑violence cases in Atlanta are usually handled in Fulton County courts, and the process can move quickly after an arrest. Misdemeanor family‑violence battery and related charges are often prosecuted in Fulton County State Court in downtown Atlanta, while felony‑level cases are typically sent to the Superior Court.
Judges in these courts frequently impose strict bond conditions, including no‑contact or stay‑away provisions, that can temporarily force you out of your home and limit contact with your children while the case is pending. In addition to jail, probation, and fines, many Fulton County judges require completion of a 24‑week Family Violence Intervention Program (FVIP) as a condition of any probationary sentence.
Because Atlanta is a large metro area, Fulton County prosecutors and judges see a high volume of family‑violence cases, and they tend to take a firm approach even on first‑offense charges. A first conviction for family‑violence battery is generally treated as a misdemeanor with up to 12 months in jail and a fine of up to 1,000 dollars, but a second conviction can be charged as a felony with potential prison time.
Local court experience can make a real difference in negotiating bond conditions, seeking reduced charges, and avoiding collateral consequences like long‑term no‑contact orders and the loss of gun rights.
Talk to an Atlanta Domestic Violence Lawyer About Your Fulton County Case
If you have been arrested for family‑violence battery or any domestic‑violence charge in Atlanta or anywhere in Fulton County, you should get legal help before you make any decisions or try to contact the alleged victim. Atlanta‑area judges and prosecutors treat these cases very seriously, and what you do in the first few days after an arrest can affect your freedom, your home, and your relationship with your children for years to come.
Our Atlanta criminal defense lawyers handle domestic‑violence cases in Fulton County State Court and Superior Court, and we are familiar with local bond practices, prosecutor policies, and FVIP requirements. Call us or contact us online today to schedule a confidential consultation and get specific advice about your Fulton County domestic‑violence charges.
