Atlanta, GA Domestic Violence Lawyers
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, L.L.C., 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:
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.
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 a victim 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 scheduled 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.