What Is a Family Violence Charge in Georgia?

Family Violence Charge in Georgia

Domestic violence charges are crimes characterized by violence against family or household members. These acts may be perpetrated against spouses or ex-spouses, partners, parents, foster parents, or children. Under Georgia’s Family Violence Act (FVA), violence against cohabitants is also considered family violence, even if they are not related to you.

Are you or your loved one facing charges of domestic violence? Do you want assistance, guidance, or just to learn about family violence issues? Read this guide for information on pertinent family violence issues. You will also discover how Atlanta domestic violence attorneys can help.

For further guidance, contact Farnsworth & Murphy, LLC.

Family Violence Charge in Georgia

Domestic violence charges are crimes characterized by violence against family or household members. These acts may be perpetrated against spouses or ex-spouses, partners, parents, foster parents, or children. Under Georgia’s Family Violence Act (FVA), violence against cohabitants is also considered family violence, even if they are not related to you.

Are you or your loved one facing charges of domestic violence? Do you want assistance, guidance, or just to learn about family violence issues? Read this guide for information on pertinent family violence issues. You will also discover how Atlanta domestic violence attorneys can help.

For further guidance, contact Farnsworth & Murphy, LLC.

Family Violence Offenses and Consequences

Georgia’s law provides criminal consequences for anyone convicted of domestic abuse. You could be jailed or fined due to a domestic violence conviction in Georgia. Different factors, such as the alleged crime and the defendant’s prior criminal history, determine the severity of the punishments.

Several offenses can be included under the umbrella of family violence. As defined by Georgia law, the domestic violence code includes the following acts:

Simple Assault and Battery

Simple battery is the willful infliction of damage or use of offensive contact on a member of the same household. An example would be slapping a spouse.

Simple assault is an act that makes a household member fear for their physical well-being. An example is raising a hand, implying a slap is forth-coming.

Convicts of a family violence-related simple assault or battery risk up to 12 months in prison and a $5,000 fine. Battery can become a felony, depending on if you have prior convictions for the same offense. As a felony, the accused may face a prison sentence of one to five years.

Aggravated Assault and Battery

Aggravated Assault consists of using a lethal weapon to attack a member of one’s family or household with the intention to kill, rape, or rob. It becomes aggravated battery if the actions result in physical harm to a member of the same household. It could lead to injuries such as shattered bones, sprains, or swelling.

If family violence includes aggravated assault and battery, the maximum sentence is up to 20 years in prison.

Stalking of a High and Aggravated Nature 

Stalking is the act of persistently following someone with harmful intent. If a stalker violates a protection order to stalk a victim, it is considered aggravated stalking.

For a first crime, a stalker faces up to a year imprisonment and a $1,000 fine. However, for successive offenses or aggravated stalking, the range is between one and ten years in jail with a fine of up to $10,000.

Additional Consequences for a Family Violence Conviction in Georgia

Repercussions of being found guilty of domestic violence in Georgia may be far-reaching.

In some cases, the legal consequences may be mitigated by enrolling in a diversion program. This is where the defendant starts therapy for substance abuse and domestic violence. They may also be required to attend and complete anger management programs as part of their sentence.

However, prison time and fines are not the only concerns when facing domestic violence charges.

Restraining Orders for Family Violence

Domestic violence charges in Georgia may lead to a restraining order prohibiting contact with the victim. Violating a family violence protective order leads to fines of up to $1,000. This is in addition to one-year imprisonment.

Strained Family Relations and Custody Issues

Whether a valid or a false domestic violence charge, the situation may strain family connections. The offender’s imprisonment may affect the victim’s loved ones. Their absence may cause problems in many areas, including finances and caregiving.

Plus, details regarding the abuse are documented in a Family Violence Report, and a domestic violence conviction may also be considered in future custody decisions.

Challenges in Finding a Job in the Future

Finding work after a conviction for a misdemeanor or felony is challenging. Roughly 92% of businesses investigate the criminal records of potential workers. Georgia’s employers often do not hire individuals with criminal records that may undermine trust, and a family violence charge can be a black mark on your reputation.

Many find consulting a reputable law firm beneficial to avoid a criminal conviction. Farnsworth & Murphy, LLC, can help.

Need a Qualified Georgia Family Violence Lawyer?

Considering the repercussions you may face due to a domestic violence conviction, seeking the services of a knowledgeable domestic violence lawyer may be helpful. The attorneys at Farnworth & Murphy, LLC are well-versed in Georgia law and experienced in the courtroom.

Our attorneys will work to ensure you’re not the victim of fabricated allegations. As we build your case, we strive to unearth evidence favorable to your defense. In court, our team will fight for you — or if a plea bargain is the right choice for your case, we will negotiate strongly and help you get to a resolution.

Contact our Atlanta domestic violence attorneys at Farnworth & Murphy, LLC, if you’re accused of domestic abuse.

FAQs

Can a Domestic Violence Lawsuit Be Withdrawn in Georgia?

The only party with the authority to drop the charge is the state through the prosecutor’s office. Although the victim cannot press charges or withdraw charges on their own, they are crucial in the procedures. The Georgia Family Violence Act could require the victim to testify against the perpetrator.

Can Charges Be Dropped Before Going to Trial in GA?

Many victims of domestic violence believe they may dismiss charges, but this is not the case. Once charges have been filed, only the District Attorney can drop them. Depending on the situation, the DA’s office and defense attorney may agree to a lesser charge as part of a plea agreement.

What Happens if You Fail to Appear in Court in GA?

Your failure to appear in court on the date specified can result in a warrant of arrest. If you anticipate missing a court date, talk to your Atlanta criminal defense attorney immediately so that they can attempt to remediate the situation.

Can You Own a Gun with a Misdemeanor Domestic Violence Charge in Georgia?

Under Georgia law, convicts of domestic violence misdemeanors are banned from owning weapons.