Farnsworth & Murphy, LLC: Atlanta Domestic Violence Attorneys
If you have been accused of domestic violence, reach out to Atlanta domestic violence attorneys from Farnsworth & Murphy, LLC. We can help you. Call us today!
How Atlanta, GA Domestic Violence Lawyers Can Help
Georgia law defines domestic violence as any commission of a felony, battery, assault, stalking, property damage, criminal trespass, or unlawful restraint against a household member.
Are you or a loved one accused of domestic violence in Atlanta, GA? You must seek legal guidance immediately because domestic violence accusations can cause irreparable damage. Society will label you long before a judge or jury convicts you.
If you are facing domestic violence charges, it’s crucial to contact an attorney. A domestic violence attorney can provide you with legal counsel, protect your rights throughout the legal process, and defend you in court. At Farnsworth and Murphy, LLC, our domestic violence attorneys are ready to hear your side of the story and fight for you in court.
What Are Domestic Violence Charges?
Most people assume that domestic violence involves spouses only, but this is not true. Domestic violence can occur in any domestic setting between family members or roommates.
According to Georgia’s family violence act, domestic violence can involve any of the following:
- Married or divorced couples
- Individuals who have a child or children together
- Individuals who have lived or are currently living in the same household
- Parent and child
- Foster parent and foster child
- Stepparents and stepchildren
Anyone who’s connected to you in the previously mentioned ways can file a domestic violence complaint against you.
Domestic violence is not synonymous with physical abuse. Abuse doesn’t have to involve cuts or bruises to qualify as domestic violence.
Domestic violence is any of the following:
- Verbal abuse
- Physical violence
- Psychological abuse
- Financial abuse
It can be easy for a malicious person to file a false domestic violence charge against you. Unless you are prepared to fight it, a conviction for domestic abuse can stay on your records forever.
An experienced domestic violence attorney can fight for your rights and may be able to drop the charges altogether. It’s important to seek legal counsel and not to downplay the severity of the charges.
Penalties and Legal Consequences of Domestic Violence Charges in Georgia
Domestic violence charges in Georgia carry serious criminal, civil, and long-term consequences. The law is designed to address the severity of family violence while also discouraging repeat offenses, meaning the penalties increase depending on the nature of the offense and the defendant’s history.
Criminal Penalties for Domestic Violence
For first-time offenders, domestic violence is often charged as a misdemeanor. Penalties may include:
- Up to 12 months in jail
- Fines up to $1,000
- Probation, community service, or mandatory counseling
When the offense involves serious bodily harm or the defendant has prior convictions, charges escalate to a felony. Felony penalties may include:
- 1 to 10 years in prison (sometimes longer for aggravated assault or aggravated stalking)
- Higher fines
- Mandatory participation in Family Violence Intervention Programs (FVIP) or substance abuse treatment
A conviction also results in the loss of certain civil liberties, including restrictions on firearm possession, and it may weigh heavily in child custody disputes.
Consequences of Violating Protective Orders
Protective orders are court mandates intended to protect alleged victims by limiting or prohibiting contact. Violating these orders has its own set of penalties:
- First violation: Generally charged as a misdemeanor, punishable by up to 12 months in jail and fines of up to $1,000.
- Repeat violations: Often prosecuted as aggravated stalking, a felony punishable by 1 to 10 years in prison.
- Contempt of court: Judges may impose additional fines, mandatory treatment, or incarceration.
Protective order violations can harm family law cases beyond the courtroom. Judges may limit or supervise parenting time, restrict custody rights, and impose stricter long-term protective measures.
Long-Term Implications
A domestic violence conviction—whether from an underlying charge or a protective order violation—can follow a person for life. Collateral consequences may include:
- Employment difficulties: Many employers, particularly in education, healthcare, and law enforcement, will terminate or refuse to hire individuals with a domestic violence record.
- Housing challenges: Landlords often conduct background checks, making it difficult to secure rental housing.
- Professional license restrictions: Licensing boards in medicine, nursing, teaching, and other regulated fields may suspend or revoke credentials.
- Reputation and social consequences: Even allegations, let alone convictions, can damage personal and professional relationships.
Legal Standards for Domestic Violence Cases
Criminal Cases:
- Standard of proof: Beyond a reasonable doubt – the prosecution must prove every element of the crime to a very high degree of certainty.
- Defendant absent: If the defendant does not appear in court, the judge may issue a warrant for arrest or proceed with the case in certain circumstances, depending on the nature of the charge.
Civil Cases (e.g., Protective Orders):
- Standard of proof: Preponderance of the evidence – it only needs to be more likely than not that the abuse occurred.
- Defendant absent: Courts may still grant protective orders even if the defendant does not attend the hearing, based on the evidence presented by the petitioner.
Understanding the difference between civil and criminal standards is critical because a protective order can be issued without a criminal conviction, but it still carries serious legal consequences.
How Can A Domestic Violence Lawyer Help Protect Victims of Abuse?
A domestic violence lawyer, especially specialized Atlanta domestic violence attorneys, plays a crucial role in safeguarding victims of abuse. They provide legal protection by assisting victims in obtaining protective orders against perpetrators, ensuring they adhere to the Family Violence Act (beginning at O.C.G.A. § 19-13-1).
In cases where child custody is involved, an Atlanta domestic violence lawyer can:
- Advocate for the victim’s parental rights
- Ensure child support arrangements are enforced
- Protect the child from potential harm
- Represent the victim in family court to secure safe custody arrangements
Even if an alleged victim faces a domestic violence charge or a family violence charge, these lawyers’ domestic violence defense experience can be invaluable in navigating the legal system. Atlanta domestic violence lawyers have a comprehensive understanding of intimate partner and domestic violence cases, ensuring victims receive the protection they deserve.
Take Action Now: Protect Yourself and Your Family
If you or a loved one is facing domestic violence issues, don’t wait. Immediate legal guidance can prevent further harm and protect your rights. Contact Farnsworth & Murphy, LLC today to:
- Obtain a protective order
- Navigate criminal or civil proceedings
- Safeguard your parental and civil rights
- Receive experienced, personalized legal counsel
Your safety and legal rights are our top priority. Call now to speak with an Atlanta domestic violence attorney who will fight for you.
How Do the Police Investigate Domestic Violence Cases?
Officers are dispatched to your home when an alleged victim reports the alleged abuse or others alert the police of a disturbance.
Police officers do not always arrest all the parties involved in a domestic issue. They have to determine the aggressor and the extent of the abuse. However, they can arrest you before handing their evidence to the prosecution.
The police will write a family violence report that contains your personal information and details of the domestic abuse. Filing this report is mandatory whether they arrest you or not. This information can affect your family, career, and reputation. It can be used to discredit you in a divorce or child custody case.
The alleged victim might obtain a protective order against you, which will generally prevent you from making contact with them or any other involved parties. Regardless of the truth of the victim’s allegations, you will make your case worse if you violate a restraining order.
You may want to seek the legal services of an attorney if you have a restraining order against you.
Domestic Violence Defense
A domestic violence conviction could ruin your life. Its effects last long after the case is closed. That’s why working with an experienced domestic violence lawyer is crucial. It’s even more important to retain the services of an attorney if you are being falsely accused.
Your attorney can use various domestic violence charge defenses to fight for your freedom, including:
1. Lack of evidence
A common defense is the lack of evidence by the prosecution. Your legal team has to gather evidence to disprove your accuser’s story or prove that it is not a credible statement.
2. Police misconduct
Your defense team can also establish that the police conduct was improper. Improper conduct of police includes disregarding your rights after you invoke the right to remain silent.
3. Self Defense
If you attacked the accuser to defend yourself, your attorney can use this to defend you in court. If you have proof to back this up, you can even hold them accountable.
Jail time and paying restitution are not the only consequences of a domestic violence conviction. Your accuser can get a restraining order against you, causing you to lose your home, children, or even your job.
How Can Our Domestic Violence Attorneys Help You?
The Georgia Family Violence Act is the legal protection of domestic abuse victims, and it imposes strict punishments on abusers. However, not all domestic violence reports are genuine. You may find yourself on the wrong side of the law when you are accused of domestic violence.
The good news is that our Atlanta law firm wants your side of the story heard in court. Domestic violence attorneys at Farnsworth & Murphy, L.L.C. believe that not everything is as it seems. We are here to listen and gather evidence that supports your story.
You did not do it? We are ready to gather supporting evidence and find witnesses that can attest to this. Law enforcement officers did not read your Miranda rights or violated your rights? We can use all these grounds to dispute the false charges against you.
Do not let a domestic violence charge ruin your future, career, and relationship with your loved ones.
Temporary Protective Order (“TPO”)
It has become common practice for police officers to encourage those who have been victims of a family violence act to seek a temporary protective order (“TPO”) from a Superior Court judge.
A temporary protective order is very often referred to as a restraining order. A temporary protective order in Georgia is a separate proceeding from the criminal charges that may arise out of a family violence incident.
In Georgia, someone who is the victim of an act of family violence may petition a Superior Court Judge to issue an order that would prevent another party from having contact, restricting access to residence, and even providing a temporary basis for custody. As such, temporary protective orders usually start as an ex parte temporary protective order that results from the petitioner outlining allegations of family violence and scheduling a hearing for a 12-month protective order.
Each step of the temporary protective order is governed by statute and it is important that every aspect of Georgia law is met before the issuance of a protective order. A violation of a protective order can result in the respondent of the order being arrested for aggravated stalking, violation of a family violence order, and contempt of court.
Contact Farnsworth & Murphy, L.L.C. as Soon as Possible
We aim to get you favorable results for your case. Every domestic violence case is unique and requires a customized defense strategy. We have experienced, compassionate, and award-winning attorneys to create a unique strategy for you.
You should not be alone in this challenging time. Contact our Atlanta, GA law office today and schedule a free consultation today. Domestic violence charges are serious and time-sensitive, so contact our law firm immediately. That way, we can collect evidence for your defense while your case is fresh.
Frequently Asked Questions
What Is the Statute of Limitations on Domestic Violence in Georgia?
The Georgia statute of limitations for misdemeanor domestic violence is two years. If you are accused of felony domestic violence, such as aggravated assault, the statute of limitations is four years.
Can Prosecutors Drop a Domestic Violence Charge in Georgia?
Yes, a prosecutor may drop your domestic violence case without going to trial. They may do so due to various reasons, including insufficient evidence and failure to determine who the primary aggressor is. Victims, however, can’t drop a domestic violence charge.
Do You Regain Your Gun Rights After a Domestic Abuse Conviction in Atlanta, Georgia?
Once a jury or judge convicts you of domestic violence, you cannot regain your gun rights. Work with a lawyer anytime you have domestic violence issues or are facing charges. It reduces the risk of a conviction.
How Can We Help?
The attorneys at Farnsworth & Murphy are trained to assist any individual charged with an act of family violence. Our skills and experience has helped several individuals over the years navigate through this often-complicated process. If you’ve been charged with a crime of family violence or you believe that you may be investigated for an act of family violence contact our office today at 470-601-7065. Our consultations are free and our representation may be the difference.
