Can someone be arrested for family violence without visible injuries?

Answer:
Unfortunately, yes. The government can charge simple battery, which doesn’t require any visible injury, or assault, which doesn’t even require physical contact. The only family violence offense that actually requires visible injuries is battery itself — but prosecutors can, and often do, opt instead for simple battery or assault charges, neither of which requires proof of injury. If you’ve been charged with a family violence offense in the North Georgia area, give us a call so we can help prepare your case for the best possible outcome.

Two Charges That Don’t Require Any Injury at All

Under O.C.G.A. § 16-5-23, simple battery covers either intentionally making physical contact of an insulting or provoking nature, or intentionally causing physical harm — no mark, bruise, or visible injury is required for either version. Simple assault goes even further: under O.C.G.A. § 16-5-20, it covers an attempt to cause a violent injury, or an act that places someone in reasonable apprehension of immediately receiving one. Physical contact isn’t required at all — a raised fist or a threatening lunge can be enough on its own.

What Actually Requires “Visible” Injury

The one offense in this family that does require visible harm is battery itself, under O.C.G.A. § 16-5-23.1, which requires “substantial physical harm or visible bodily harm.” The statute defines that specifically as harm capable of being perceived by someone other than the victim — things like blackened eyes, swollen lips, or substantial bruising. Without that kind of observable injury, a straight battery charge generally isn’t available.

Why Prosecutors Often Choose the Lower Bar

Because simple battery and simple assault don’t require any of that, prosecutors aren’t limited to filing battery just because there’s no visible mark. If the underlying facts support it, they can charge simple battery or assault instead, and neither of those charges depends on photographing an injury or documenting a mark that may never have existed in the first place.

What Makes It a “Family Violence” Offense

These charges become family violence offenses specifically because of who’s involved. O.C.G.A. § 19-13-1 defines family violence to include current and former spouses, parents and children, stepparents and stepchildren, people who share a child together, and people who currently or formerly lived in the same household. The underlying conduct — battery, simple battery, or assault — is the same crime either way; the relationship between the people involved is what changes the classification and the consequences.

Why Officers Don’t Need the Victim’s Cooperation to Arrest

Georgia law also shapes how these arrests actually happen. Under O.C.G.A. § 17-4-20.1, an officer investigating a family violence call can’t base the arrest decision solely on the victim’s request, the victim’s consent, or the relationship between the parties. That means an arrest can move forward even if the alleged victim doesn’t want to press charges or actively asks the officer not to make one.

What to Do Next

If you’ve been charged with a family violence offense in the North Georgia area, give us a call so we can help prepare your case for the best possible outcome.

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Not to mention his level of professionalism. From the first time we spoke to the first time we saw him in court. He stood out from almost every other attorney there. We were so appreciative that our attorney looked and was so professional, pulled together and prepared. When so many others were none of these things.

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I tried to write this several times and it brought me to tears. First may I say this has been the hardest three years of my life. Five lawyers I interviewed and none even understood the law as it applied to my case. So I thought I would try one more and it was Brett. From our first conversation together I knew he understood the law and was the perfect one for the case. I want to say how he prepared the case and presented it, achieving a full dismissal and ruling the police violated my first amendment rights. Complete genius!!!!

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