Georgia Domestic Violence Laws

Domestic violence cases are common criminal cases heard in Georgia courts as well as courts throughout the U.S. This type of behavior consists of abuse that can be physical, sexual, or emotional. It is defined under Georgia law as consisting of any felony, simple battery, simple assault, assault, stalking, criminal damage to property, unlawful restraint, and criminal trespass that occurs between spouses, ex-spouses, the parents of a child in common, between parents and children, stepparents and stepchildren, foster parents and foster children, or any persons living together in a household or who have formerly lived together. Acts of domestic violence generally carry heavier penalties than the same acts committed in situations where the parties are not in domestic relationships.

As an example, most simple assault offenses in Georgia are charged as misdemeanors. Misdemeanors generally carry penalties of less than one year of incarceration. Where simple assault occurs in a domestic setting, however, it may be charged as a misdemeanor of a high and aggravated state. If convicted of this more serious type of misdemeanor, the offender may be slapped with a fine of up to $5,000 instead of $1,000 which is the fine for regular misdemeanors. Those convicted of a high and aggravated misdemeanor may also be subject to other penalties, such as less credit for good behavior.

Georgia law also provides procedures for those who are allegedly abused in family violence to seek protective orders, known as restraining orders. A temporary protective order may be obtained, followed by a hearing 30 days later which can turn it into an order for one year which can then be extended to three years or made permanent.

Criminal Defense Attorney in Canton, Georgia

Any domestic violence charge can be stressful, complicated, and intensely personal. These types of charges can ruin social relations with others, tear apart parents and children, and affect future job or career opportunities due to a permanent criminal record. Getting knowledgeable and skilled legal assistance is crucial if you wish to obtain the best possible outcome in court.

The Law Offices of Benjamin Bradley Reed, P.C. serves the criminally accused throughout North Georgia. The legal team is committed to protecting your rights, freedom, and future and helping you navigate through the complex legal procedures of the criminal justice system. Mr. Reed is a former prosecutor from the District Attorney's Office in Savannah. He has tried cases involving all kinds of criminal charges, from DUI to domestic violence, drug crimes, theft crimes, and more. He has extensive trial lawyer experience and handles both state and federal cases. Contact his firm to discuss your criminal case or fill out a free case evaluation form online at his website.