In Georgia, there are many charges that fall under the category of "Family Violence."
A "Family Violence" charge can be a misdemeanor or even a felony. All charges that are "Family Violence" will often have the acronym "FVA" following the listed charge. For example: Battery (FVA).
The most common misdemeanor family violence charges are: Battery (FVA); Simple Battery (FVA); Assault (FVA); Criminal Trespass (FVA).
The most common felony FVA charges are: Aggravated Assault (FVA) and Aggravated Battery (FVA).
What you think is just an argument can turn into something much more. Who knows what happened? A neighbor may hear raised voices and call the police. The police arrive and decide an argument ensued and so someone must be arrested for domestic violence. Domestic violence charges in Georgia carry serious consequences when not addressed immediately. If you have been charged in Georgia with a domestic violence or family violence offense, it's imperative to contact us to defend your case.
You have rights, and we are here to uphold your rights and defend any allegations made against you. Call us at (770) 249-4405 to schedule a free consultation today.
Domestic Violence/Family Violence in Georgia
Domestic violence describes a range of harm committed in the context of a domestic relationship, usually between spouses, intimate partners, or relatives, but in some jurisdictions, it can also include roommates or other members of the household. Examples of physical acts that can arise from domestic violence include punching, hitting, slapping, or shoving.
Consequences of Alleged Family Violence/Domestic Violence in Georgia
When a defendant is charged with a domestic violence offense in Georgia, the court has the power to order a protection order, also referred to as a restraining or no-contact order, depending on your jurisdiction. Protection orders can be made even when the defendant isn't present in court and before their criminal law matter has been finalized and, in many cases, before the criminal process has really even begun. In essence, when it comes to domestic violence, you can suffer certain consequences before a judge or jury has found you guilty beyond a reasonable doubt.
When a protection order is issued, it can result in two significant consequences, though there may be other penalties or restrictions imposed:
- It can restrict your contact with the alleged victim and their children; and
- It can require you to leave the family home.
A person subject to a protective order or convicted of a domestic violence offense is also prohibited from owning or possessing a firearm under federal law.
Criminal convictions of any nature, but especially domestic violence offenses, can also impact a defendant's ability to find work or housing. Potential employers or landlords who run a background check may refuse an applicant with a domestic violence conviction.
Penalties of Domestic Violence or a Related Criminal Conviction in Georgia
The sentencing options for domestic violence offenses include many. Much of it depends on the severity of the allegations and any prior protective orders. Generally, penalties can include but are not limited to:
- Fines
- Probation
- Domestic violence treatment or counseling programs
- Imprisonment
When sentencing an offender for a domestic violence offense, the court will take into account aggravating circumstances, like:
- the level of injury sustained by the victim
- whether a weapon was used or a child witnessed the crime
- whether the crime violates an existing protection order
- the personal characteristics of the victim, such as older age or pregnancy
The penalties for domestic violence offenses can quickly become harsher with subsequent convictions in Georgia.
Can Domestic Violence Charges Be Dropped?
Absolutely, yes.
Domestic violence charges can be dropped, but it is critical to know that they will not automatically be dropped only because the alleged victim of the violence no longer wants charges brought against the alleged suspect. One of the most common complaints we hear are from the alleged victims who want the charges dropped -- but the Government still refuses to do so. That is where we can help. We have an incredible track record of having charges dropped, even where the prosecution is reluctant to do so.
Take a look at our Client Stories page to see some of our results.
Defenses to Domestic Violence Allegations in Georgia
A person can defend against a domestic violence charge in Georgia. However, the specific defenses available to a defendant will depend on the circumstances of their case.
Some common defenses include:
- Self-defense or defense of others, where reasonable force was used to prevent an attack
- Lack of evidence, if the prosecution fails to present enough evidence to prove each element of the offense beyond a reasonable doubt
- False allegations, where the victim has lied about what happened
- Accident, where the defendant unintentionally caused the injury
A conviction for a domestic violence offense can have a long-lasting impact on many aspects of a defendant's personal life, including their personal relationships, parenting, and employment. It is always in your best interests to, at a minimum, consult with a domestic violence defense lawyer about any allegations.
Contact a lawyer who specializes in defending against Family Violence charges
If you've been charged with a family violence/domestic violence offense, you should call us immediately . We will listen to your version of events, assess the strength of the evidence against you, and advise you of any defenses that may be available to you. Fill out an online submission form or call us at (770) 249-4405 to schedule a free consultation now.