The Freedom Lawyers specialize in representing those charged with domestic violence cases. This includes Simple Assault Domestic Violence, Simple Battery Domestic Violence, Battery Domestic Violence, Aggravated Battery Domestic Violence, Aggravated Assault Domestic Violence, Criminal Trespass Domestic Violence. If you need a domestic violence lawyer near Marietta, contact The Freedom Lawyers today!
Our attorneys are both former prosecutors who have prosecuted hundreds of domestic violence cases. Since switching to the defense, we have defended hundreds of clients all over Georgia accused of domestic violence related crimes.
Defining Domestic Violence Cases
Domestic violence is an instance of violence occurring between two people who the law defines as family. This includes spouses, parents of the same child, parents and children, stepparents, and stepchildren. Other potential cases, however, involve foster parents and foster children, or persons living or formally living in the same household.
Domestic Violence cases include any felony occurring between those people. They also include any crimes occurring between people considered family. This includes the offenses of Battery, Simple Battery, Simple Assault, Stalking, Criminal Damage to Property, and Criminal Trespass.
Cruelty to Children
Family Violence, however, does not include reasonable discipline administered by a parent to a child in the form of corporal punishment, restraint, or detention. In other words, a parent can punish their child in a way that is reasonable. This also applies to teachers in some contexts.
Our attorneys specialize in defending people accused of all 3 degrees of Cruelty to Children. This includes Cruelty to Children in the 1st, 2nd, and 3rd Degree.
These cases often overlap with Domestic violence cases. Our attorneys specialize in defending those accused with the intricacies that these cases present. For a free consultation on your Cruelty to Children Case, contact The Freedom Lawyers now.
Consequences
The consequences of criminal conviction in Georgia for a Domestic Violence cases are serious. First, the conviction will be on your criminal record and would appear for employment searches. Any time a person is arrested in the future, record of the conviction would appear, and the court would hold that against you in any future proceedings. It would also appear on your national criminal history so all other state and federal law enforcement agencies could see it.
It may also stop you from being able to work for government agencies in the future. A conviction for domestic violence also forbids you from having a firearm in the future. A conviction for domestic violence would create an obstacle for the rest of your life and be a permanent mark on your criminal record that you would never get away from. Other people can view that criminal history including future employers, landlords, insurance companies, or bank lenders.
Further, a second conviction is a felony offense in Georgia if it’s against the same victim. A felony is punishable by years in prison depending on the charges.
Bond and Family Violence Protective Orders
Domestic Violence cases are unique and often involve familial relationships and children. Whenever someone is accused of a case involving Domestic Violence, the bond conditions almost always include a protective order. This protects the family members from contact with the person accused.
In some cases, those conditions require the accused to completely stay away from the incident location or the family residence. The person accused of Domestic Violence often will be ordered to have no contact with their spouse or their children. In addition, they can be ordered to find another place to live while the case is being resolved.
Violation of a Family Violence Protective Order
A violation of these bond conditions can result in additional criminal charges. It is called a Violation of a Family Protective Order which is a separate criminal offense. It also constitutes a violation of their initial bond conditions and may cause your bond to be revoked. In addition, the State will also usually add a new criminal prosecution for the new charge of Violation of the Family Violence Protective Order.
Separately, the spouse can apply for a temporary protective order. This would be a similar process but separate from their criminal charge. It also creates another legal process that the person accused Domestic Violence would have to fight.
Motion to Amend a Family Violence Protective Order
Our attorneys can file a motion to amend conditions of the family violence orders to have some of these conditions removed. To file these types of motions, our attorneys are retained on the overall criminal charges to best familiarize themselves with the unique circumstances of your case and how best to defend it.
An experienced attorney files paperwork with the court and can request a modification of those terms. Therefore, this allows for travel, contact with spouses and children, and in some cases moving back into the family home.
Penalties for Domestic Violence Charges
The penalties for domestic violence convictions in Georgia vary depending on the specific charge and your criminal history. Understanding what you’re facing is crucial for making informed decisions about your defense.
- Misdemeanor Domestic Violence Charges typically include Simple Battery Domestic Violence, Simple Assault Domestic Violence, and Battery Domestic Violence. When these charges involve family violence, they become “misdemeanors of a high and aggravated nature” and can result in up to 12 months in jail, fines up to $5,000, mandatory anger management or counseling programs, and community service. Even a misdemeanor conviction creates a permanent criminal record that will appear in background checks for employment, housing, and other opportunities and would stop you from legally possessing a firearm.
- Felony Domestic Violence Charges such as Aggravated Battery Domestic Violence or Aggravated Assault Domestic Violence carry much harsher penalties. These can result in 1-20 years in prison, substantial fines, lengthy probation periods, and permanent loss of your right to own or possess firearms. When family violence is involved, the penalties for aggravated charges are enhanced to 3-20 years in prison. A second domestic violence conviction against the same victim OR another family member automatically becomes a felony in Georgia, regardless of the original charge level, carrying 1-5 years in prison.
- Additional Consequences extend far beyond jail time and fines. A domestic violence conviction can affect child custody arrangements, prevent you from obtaining certain professional licenses, impact immigration status, and create difficulties securing housing or employment. The social stigma alone can damage personal and professional relationships for years to come.
The good news is that charges don’t automatically mean convictions. With experienced legal representation, many domestic violence cases can be reduced, dismissed, or resolved favorably through skilled negotiation and strategic defense.
Potential Legal Defenses To Domestic Violence
Every domestic violence case is unique, and our experienced attorneys know how to identify and pursue the strongest defenses available. Having prosecuted hundreds of these cases, we understand exactly how the state builds their case and where weaknesses typically occur.
- Self-Defense is one of the most common and effective defenses. Georgia law allows you to protect yourself from imminent harm. If you were defending yourself or others from physical attack, we can present evidence and witness testimony to support this defense.
- False Accusations unfortunately occur in domestic situations, often during heated divorces, custody disputes, or relationship breakdowns. We thoroughly investigate the circumstances surrounding the allegations, examine the accuser’s motives, and look for inconsistencies in their story or evidence that contradicts their claims.
- Lack of Evidence can be a powerful defense strategy. The state must prove their case beyond a reasonable doubt. We carefully examine all evidence, including police reports, witness statements, medical records, and physical evidence to identify gaps or weaknesses in the prosecution’s case.
- Constitutional Violations during your arrest or investigation can lead to evidence being suppressed or charges being dismissed. We review whether your rights were properly read, if searches were conducted legally, and whether proper procedures were followed throughout your case.
- Accident or Misunderstanding may explain injuries or damage that occurred without criminal intent. Sometimes situations that appear criminal have innocent explanations that we can effectively present to prosecutors or juries.
Our team’s unique background gives us unique insight into how these cases are built and where they can be successfully challenged. We use this knowledge to develop comprehensive defense strategies tailored to your specific situation.
We Are Domestic Violence Criminal Defense Specialists
Our attorneys specialize in defending clients accused with Domestic Violence cases including:
Violence Protective Orders, Domestic Violence Battery cases, Domestic Violence assault cases, Simple Battery Domestic Violence, Aggravated Assault Domestic Violence, Aggravated Battery Domestic Violence, Criminal Trespass Domestic Violence, Criminal Damage to Property Domestic Violence and Stalking Domestic Violence.
We represent people charged with domestic violence cases in Cobb County, Fulton County, Cherokee County Bartow County, Dekalb County, Gwinnett County, Douglas County and Clayton County. If you are charged with a crime of Domestic Violence, contact The Freedom Lawyers now for a free consultation.
Schedule a Confidential Consultation With Our Marietta Domestic Violence Attorney
Don’t face domestic violence charges alone. The decisions you make now can impact the rest of your life, and time is critical in building a strong defense. Contact The Freedom Lawyers today for a completely free, confidential consultation where we’ll review your case, explain your options, and outline potential defense strategies. As an experienced violent crime attorney, we understand the serious nature of these charges and offer flexible payment plans to make quality representation accessible. Call 678-986-7866 now or visit our Marietta office at 540 Powder Springs St., Suite C13. Let us put our prosecutorial experience to work defending your freedom.
Frequently Asked Questions
How much is a lawyer for domestic violence?
Domestic violence attorney fees in Georgia vary based on case complexity, charges, and whether your case goes to trial. Misdemeanor cases typically cost less than felony charges, while cases requiring extensive trial preparation involve higher fees. At The Freedom Lawyers, we offer free initial consultations and flexible payment plans to make quality representation accessible. The investment in experienced legal counsel often saves money long-term by avoiding harsher penalties and permanent consequences that affect employment and housing opportunities.
What counts as domestic violence in Georgia?
Georgia family violence laws under O.C.G.A. 19-13-1 cover more relationships than many realize. Family violence includes any felony or specific misdemeanors (battery, assault, stalking, criminal trespass, etc.) committed between current or former spouses, parents of the same child, parents and children, stepparents and stepchildren, foster relationships, or people who currently or formerly lived in the same household. You don’t need to be married or currently living together – even former roommates or dating partners who once cohabitated can be covered under these statutes.
Should I Report Domestic Violence to the Police?
The decision of when to call police for domestic violence depends on your immediate safety and circumstances. If you’re in immediate danger, call 911. However, understand that once police are involved, Georgia law allows prosecutors to pursue charges even if you don’t want them to. Police must make arrests if they find probable cause, and you cannot simply “drop” charges later. Consider consulting with a domestic violence organization or attorney before involving police in non-emergency situations to understand all your options.
How to successfully recant a domestic violence statement?
Recanting domestic violence charges in Georgia is complex because victims cannot simply “take back” statements to make charges disappear. Once charges are filed, the state controls prosecution. However, you can contact the prosecutor to express your desire not to pursue charges or explain if your initial statement was inaccurate. Be truthful throughout this process, as providing false information is itself a crime. Prosecutors consider victim input but also evaluate evidence, injuries, criminal history, and public safety concerns when making decisions.
How Do Domestic Violence Allegations Impact Property Division and Alimony in Georgia?
Domestic violence impact on divorce proceedings can be substantial in Georgia. Courts may consider proven domestic violence when dividing marital property, potentially awarding a larger share to the victim. For alimony, domestic violence can be grounds for awarding support to victims or denying it to perpetrators. The biggest impact is often on child custody, where violence findings can result in supervised visitation, restricted custody, or even termination of parental rights. Having legal representation that understands both criminal and family law is essential when facing simultaneous proceedings.
