How does Georgia's Family Violence Act work?

Georgia's Family Violence Act, codified at O.C.G.A. § 19-13-1 et seq., does not create separate domestic violence crimes. Instead, it applies a family violence designation to existing criminal offenses — including assault, battery, stalking, and criminal trespass — when committed between persons in a qualifying domestic relationship such as spouses, former spouses, parents, children, or household members. This designation triggers specific procedural requirements and, in some cases, sentencing enhancements. The base charge and its penalties remain determined by the underlying criminal offense, but the family violence label can significantly affect how prosecutors pursue the case and what collateral consequences follow a conviction.

What collateral consequences come with a domestic violence conviction in Georgia?

A family violence conviction carries consequences that extend well beyond jail time and fines. Under the federal Lautenberg Amendment, any misdemeanor domestic violence conviction results in a lifetime prohibition on firearm possession — affecting personal ownership and any career requiring a firearm. A conviction also creates a permanent criminal record affecting employment, housing, and professional licensing. Protective orders issued in connection with family violence cases can restrict where a defendant may live, work, and travel, and any violation of those orders is itself a criminal offense. For non-citizens, a conviction can affect immigration status. Child custody proceedings are also frequently impacted. These consequences make experienced legal representation essential at every stage.

How can Brett Willis Law LLC help with domestic violence charges in Georgia?

Brett Willis Law LLC defends clients charged with family violence and domestic violence offenses throughout Gainesville, Hall County, and North Georgia. Award-winning attorney Brett Willis — named to The Fulton County Daily Report's 10 Lawyers You Need to Know, recognized as a Harvard Law School Trial Advocacy Program Instructor, and rated by Super Lawyers — brings deep trial experience to every family violence case. The firm evaluates all available defenses, challenges the sufficiency of the evidence, contests protective order applications, and fights to protect clients from the permanent criminal and collateral consequences that follow a conviction. Whether the charge is a misdemeanor battery or a felony strangulation, every case receives the full attention of an experienced criminal defense attorney. Contact Brett Willis Law LLC for a free consultation.

What Are the Penalties for Domestic Violence?

What Are the Penalties for Domestic Violence in Georgia?

The penalties for a domestic violence conviction in Georgia span a wide range — from misdemeanor sentences carrying up to one year in jail to felony convictions carrying up to 20 years in state prison. Where a specific charge falls within that range depends on the nature of the underlying offense, the severity of any injuries, and the defendant’s prior history.

How Georgia’s Family Violence Framework Works

Georgia does not have a standalone “domestic violence” criminal statute. Instead, the state’s Family Violence Act, codified at O.C.G.A. § 19-13-1 et seq., applies a family violence designation to existing criminal offenses — such as assault, battery, stalking, criminal trespass, and others — when those offenses are committed between persons in a qualifying domestic relationship. The family violence designation triggers specific procedural requirements and, in some cases, sentencing enhancements, but the underlying charge and its base penalties are determined by the specific criminal offense involved.

Misdemeanor Family Violence Offenses

Many family violence charges are classified as misdemeanors. Family violence battery — one of the most commonly charged domestic violence offenses — is a misdemeanor on a first conviction, carrying a maximum sentence of 12 months in jail and a $1,000 fine. A second conviction for family violence battery becomes a felony. Simple assault, simple battery, and criminal trespass in family violence contexts are also typically charged as misdemeanors on first offense.

Even a misdemeanor family violence conviction carries consequences that extend well beyond the criminal sentence. Under federal law — specifically the Lautenberg Amendment — any conviction for a misdemeanor crime of domestic violence results in a lifetime prohibition on the possession of firearms. This affects not only personal gun ownership but any career that requires carrying a firearm.

Felony Family Violence Offenses

When the underlying offense is more serious, family violence charges carry felony-level exposure. Aggravated assault in a family violence context carries one to twenty years in state prison. Aggravated battery in a family violence context carries the same range. Aggravated stalking — which involves following, surveilling, or contacting a person in violation of a court order — is a felony carrying one to ten years.

Strangulation, which was elevated to a standalone felony under Georgia’s family violence laws, carries a sentence of one to ten years for a first conviction and three to ten years for a second or subsequent conviction. Georgia’s recognition of strangulation as a distinct and serious felony reflects the well-documented connection between strangulation and the risk of lethal domestic violence.

Collateral Consequences

Beyond the criminal penalties, a family violence conviction can significantly affect child custody proceedings, professional licensing, housing eligibility, and immigration status for non-citizens. A conviction creates a permanent criminal record that is readily discoverable by employers, landlords, and licensing boards. Protective orders issued in connection with family violence cases can impose immediate restrictions on where the defendant may live, work, and travel, and violations of those orders are themselves criminal offenses.

Given the breadth and permanence of these consequences, any family violence charge — regardless of whether it is charged as a misdemeanor or a felony — warrants serious, experienced legal representation from the moment of arrest.

Brett and his team were beyond supportive, helpful, gracious, caring and knowledgeable! We went through the most challenging and difficult time in our life and he was there every step of the way. With results we could never have imagined but definitely prayed for.

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.

Thank you just doesn’t seem like enough to convey our feelings and appreciation.

Karen L.

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!!!!

If you're reading this review and unsure, stop...call Brett. He always returned my call or texts within a couple hours, never more than 24 hours. He was always courteous and knowledgeable, trust me he talked me off the ledge a couple times. I would have given him 10 stars but 5 was the only option. Thank you Brett for all you did for me!!!!!