Georgia domestic violence or family violence charges can result in temporary protection orders (TPOs), jail time, and significant fines. While domestic violence is a serious issue, sometimes allegations of it can be based more on emotion than fact. If you have been charged with a domestic violence or family violence crime, contact a Lawrenceville domestic violence lawyer. A skilled criminal attorney can help you discuss the best course of action for your situation.
Defining Domestic Relationships
The following are the types of relationships which form a basis of a domestic or family violence claim in Lawrenceville:
- Foster parents and foster children
- Parents and children
- Parents of the same child
- Spouses (both past and present)
- Stepparents and stepchildren
- People who have lived in the same household (boyfriend, girlfriend, etc. are also included)
In many situations, Georgia courts may institute a TPO which limits the accused’s rights, including living in the family home, visiting children, and contacting family members for a specific period of time. Family violence offenses and relationships can be highly complex and subjective. Individuals should make sure they have an experienced Lawrenceville domestic violence attorney to represent their best interests.
Georgia’s Family Violence Act
Georgia’s Family Violence Act (FVA) helps protect family members from being abused by other family members. To be charged with family violence, there must be allegations of certain offenses, and a special familial “relationship” between the accused and the accuser. Anyone facing similar charges should contact a Lawrenceville domestic violence lawyer as soon as possible.
Types of Lawrenceville Domestic Violence Offenses
Lawrenceville domestic violence lawyers have seen that there are eight types of offenses which form a basis of domestic or family violence claim. Assault is also referred to as aggravated assault, it is actually assaulting another. This is a felony punishable by one to 20 years in prison, fines, and restitution. Battery or aggravated battery offenses mean someone is causing visible bodily harm. This is a felony punishable by one to 20 years in prison minimum, fines, and restitution.
Criminal damage to property is intentionally damaging any property of another or maliciously and knowingly interfering with the possession or use of the property without their consent. This is a felony punishable by one to 10 years in prison and fines. Criminal trespassing is intentionally defacing, mutilating, or defiling any grave marker, monument, or memorial. This is a misdemeanor punishable by up to one year in jail, plus fines.
Assault and Stalking Charges
Simple assault is causing reasonable apprehension of immediately receiving a violent injury. This is a misdemeanor punishable by one year in jail, fines up to $1,000, probation, and restitution. Simple battery is pushing, shoving, and intentionally making physical contact in a provoking nature that does not necessarily result in physical harm. This is a misdemeanor punishable by up to one year in jail, fines up to $1,000, probation, and restitution
Stalking, meaning following, watching, or contacting another person without their consent to harass or intimidate that person. Stalking in Georgia is generally a misdemeanor, but can become a felony for subsequent abuses. It is punishable by one to 10 years in prison and fines up to $10,000. Unlawful restraint is knowingly and intentionally restraining another person without that person’s consent and without legal justification. Classifications and punishments may vary. However, it is important to understand your rights. An experienced Lawrenceville domestic violence lawyer can review your situation, explain your legal defenses, and do whatever is necessary to protect your rights.