Under Georgia law, domestic violence is assault committed between household members. Household members includes past or present spouses, parents of the same children, step-parents, step-children, foster parents, foster children, as well as any other persons living or formerly living in the same house.
If a person gets convicted of a domestic violence case, it is typically a case of simple battery, battery, or assault, however, involves a household member.
Upon a first conviction, a family violence battery is a misdemeanor charge. If the person has previously been convicted of a forcible felony between the members of the same household, this charge would be a felony. A second family violence charge is a felony.
Cobb County prosecutors are serious about domestic violence charges because a person cannot own a handgun or possess a handgun under federal law if they are convicted of family violence battery. Due to the severe nature of the prosecutors, it is vital to reach out to a domestic violence defense attorney in Cobb County as soon as you learn you are charged with or are under investigation.
Duty of Law Enforcement
The duty of law enforcement in a domestic violence case is simply to make a report and, generally, to arrest somebody. When police are called to a scene of a family violence battery case, someone is going to jail. The reason is that they do not want a death or an incident afterward when it could have been prevented. Law enforcement would rather be safe, arrest someone, separate the scene, and go from there.
A Cobb County domestic violence lawyer can help ensure that the individual’s rights are protected during and after the arrest.
There is a temporary protective order and a temporary restraining order that can be created in a case of domestic violence. A person can go to a judge immediately and get an ex parte, which is a restraining order without the other party being present at the hearing.
A person can get a protective order to keep an individual separated from him or herself. In other words, if someone feels that somebody is harassing him or her, potentially causing a problem, fears for his or her own safety, and is able to present some evidence of potential violence or harassment for domestic violence or stalking, they will likely be granted a temporary protective order.
These temporary protective orders are put in place to protect a victim of domestic violence and stalking.
Child custody, visitation rights, and related issues are something that has to be worked out between the parties. Oftentimes a temporary protective order takes place in divorce cases. For example, a person might have to have a share of contact with people to make sure that the drop-off and the visitation work out. However, the court can fashion some form of a way to handle it for both involved in making decisions on how it gets divided.
Sometimes people will use a temporary protective order as a sword in a divorce case to try and gain an advantage over their spouse. In a divorce, they will use a temporary protective order and make up claims that the person was fearful of something or threatened. A Cobb County domestic violence attorney can work with you to ensure your rights are protected in this process.
Role of an Attorney
The consequences of family violence battery are serious and a Cobb County domestic violence lawyer is necessary. A conviction can lead to:
- removal of the right to own a handgun
- collateral consequences such as employment issues
For the best chance of avoiding a conviction, an individual should contact a Cobb County domestic violence attorney today. Oftentimes, a victim wants to recant their story and get back together with their spouse. A domestic violence lawyer can often make that happen by getting affidavits written.
However, just because the alleged victim wants to drop the case, the state is not going to drop the case. It is important for the person who placed the original accusation to keep their story fixed. Often an attorney can get this resolved just to get the case dismissed. An attorney cannot have statements excluded unless the person was being interrogated without the benefit of the Miranda warning. Attorneys just want to get the story straight, because the police generally only get one side of the story.