Get Your Family Violence Charges Dismissed
In Georgia, domestic violence is considered “family violence.” Georgia law defines domestic violence as physical, emotional, or sexual abuse enacted by one family member on another, meaning the law protects all family members and intimate partners, not just spouses.
Domestic Violence Laws Extend Beyond Married Spouses
Family members can be charged with domestic violence for committing acts of abuse against anyone within a household. Parents, grandparents, children, aunts, uncles, cousins, and siblings can be either victims or perpetrators of domestic violence.
Will I Still Be Charged if My Domestic Violence Accuser Wishes to Drop the Charges?
Yes. In Georgia, the state takes the case as soon as charges are filed. Even if the accuser wants to drop charges, it is up to the state to decide.
Is Domestic Violence a Felony in Georgia?
Some cases of domestic violence are charged as felonies, but it depends on the specifics of the case.
What is Domestic Abuse?
Domestic abuse is also called domestic violence or, in Georgia, family violence. Domestic abuse means mental, emotional, financial, psychological, or sexual abuse carried out by one family member against another. Family members can include spouses, intimate partners, siblings, parents, children, or anyone living in the same household.
What is Domestic Assault and Battery?
When domestic abuse is physically violent, it is considered assault or battery. There are a few sub-classifications of assault or battery, including:
- • Simple Battery: Any kind of physical contact that is intended to provoke or insult someone
- • Battery: Any kind of physical contact that results in “substantial physical harm”
- • Simple Assault: Any attempt to intentionally cause “substantial physical harm”
- • Assault: Any attempt to kill, rob, or rape someone with a deadly weapon
What Are the Types of Domestic Violence?
Many different actions can be considered domestic violence in Georgia, including:
- • Physical abuse
- • Assault and battery
- • Sexual abuse
- • Rape
- • Intimidation
- • Verbal abuse
- • Psychological abuse
- • Stalking
- • Harassment
- • Neglect
How Is Domestic Violence Defined by Law?
To be charged with domestic violence, the victim and the person accused must be in a legally defined relationship. These relationships can include:
- Current and former spouses
- Parents of the same child
- Parents and children
- Step-parents and step-children
- Foster parents and foster children
- People currently or formerly living in the same household
Additionally, the Family Violence Act in Georgia defines the following offenses as domestic violence:
- • Simple Battery
- • Battery
- • Simple Assault
- • Assault
- • Criminal Trespass
- • Criminal Damage to Property
- • Stalking
- • Any Felony Offense
What Are the Penalties for Domestic Violence in Georgia?
Penalties for domestic violence in Georgia can include time in prison, fines, probation, community service hours, restraining orders, and educational classes.
How Can I Fight Domestic Violence Charges?
Fighting back against domestic violence charges involves significant investigation. A good lawyer will interview witnesses, collect evidence, and review police and witness testimony. Based carefully listening to your side of the story and collecting evidence, your lawyer will build a strong defense. Some frequently used defenses for domestic violence include:
- • Accidental injury
- • Self-defense
- • Police misconduct or mistakes
- • Proving innocence with an alibi
- • Disproving parts of the accusations
What Makes the Claiborne Firm Different?
At The Claiborne Firm, we are known for fighting against unfair treatment in the legal system. We can afford to give each client the attention they deserve because we only take the cases that matter. Then, we mount an aggressive defense in court by coming up with creative defense strategies. We will never back down from a challenge.
If you are facing domestic violence accusations, schedule a free, no-obligation case evaluation with us or call us at (912) 351-8775 today.
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