If you are facing domestic violence accusations in Atlanta, it is important to seek legal representation quickly. When someone is facing domestic violence charges, it is a serious event and needs to be handled aggressively. These types of criminal accusations carry their own penalties like a damaged reputation, being labeled a "violent person," and societal stigma that follows you for years. Those who are convicted of domestic violence suffer a damaged reputation, fines, and potential jail time. Because these charges are so serious, it is important to obtain the defense of an experienced Atlanta domestic violence lawyer.
The Abt Law Firm, LLC has spent the last two decades helping those accused of criminal behavior preserve their reputation by having charges dismissed or reduced. We are proud to fight for the well-being of clients because everyone deserves a voice in the courtroom. There are two sides to every story—let us tell yours!
Contact our Atlanta domestic violence attorneys today to find out how we can protect your name.
What Is the Family Violence Act?
The state has laws that specifically govern how domestic violence is defined and handled by authorities. The Family Violence Act defines that domestic violence is not just an event that occurs between spouses. The law addresses any violence that occurs between individuals who share the same residence. You could be charged with domestic violence if you have caused physical, emotional, sexual, or financial abuse against a protected individual. Threatening any of these forms of abuse is also a form of domestic violence.
Notably, the Family Violence Act provides specific protections to those who have been abused. The law handles matters of child custody, financial support, and other matters that must be addressed in domestic violence situations. This law means that those who are accused of domestic violence may not be facing only criminal charges—they could lose their right to see their children.
Family Violence Protective Orders in Georgia
In some cases, a person may have a Family Protective Order placed on them. When this happens, they are banned from contacting the person who is accusing them of domestic violence. This order can force an individual to vacate their home, lose the rights to see their children, and, if the order is broken, they may be arrested. If you are being accused of domestic violence, you must be represented by an Atlanta domestic violence lawyer who will protect your future, finances, and family.
The Impact of Domestic Violence
Domestic violence can have a devastating impact on individuals and families, both emotionally and physically. It is important to recognize the signs of domestic violence and understand the legal options available to protect yourself and your loved ones. Our experienced Atlanta domestic violence attorneys are here to provide support and guidance through this difficult time.
Some of the effects of domestic violence may include:
- Physical injuries
- Emotional trauma
- Financial strain
- Isolation from friends and family
- Fear and anxiety
If you or someone you know is experiencing domestic violence, it is important to seek help and take steps to ensure your safety. Our team can help you navigate the legal process and obtain the protection you need.
Penalties for Violation of Family Protection Orders
When family violence protection orders are violated, the offender can be held in contempt of court or criminally charged. These penalties are limited to certain no-contact violations, such as the offender calling or harassing the accuser, or taking it a step further by showing up at their workplace or home. Violating a protective order is considered a misdemeanor offense and is punishable by up to 12 months in jail along with a $1,000 fine.
How Can Domestic Violence Charges Be Dropped in Georgia?
Family violence charges in Georgia are serious offenses with severe consequences. The specific charges and potential penalties can vary depending on the circumstances.
Potential Strategies to Have Charges Dropped
Strong Defense: A skilled attorney can build a strong defense by:
- Investigating the evidence: Gathering evidence to challenge the prosecution's case.
- Challenging the victim's testimony: Questioning the credibility or consistency of the victim's statements.
- Asserting defenses: Exploring legal defenses such as self-defense, mutual combat, or lack of evidence.
Negotiation with the Prosecutor: In some cases, the attorney may be able to negotiate with the prosecutor to:
- Reduce charges: Plead guilty to a lesser offense.
- Seek a dismissal: Convince the prosecutor to drop the charges altogether.
Pre-Trial Diversion Programs: Some jurisdictions offer pre-trial diversion programs for first-time offenders. These programs may involve:
- Counseling or therapy: Completing specific programs to address underlying issues.
- Community service: Performing community service hours.
- Conditions: Adhering to certain conditions, such as staying away from the victim.
Factors Affecting the Outcome
Several factors can influence the outcome of a family violence case, including:
- The severity of the alleged offense
- The strength of the evidence
- The victim's cooperation or lack thereof
- The defendant's criminal history
- The prosecutor's discretion
Given the serious nature of family violence charges, it's highly recommended to consult with a qualified attorney as soon as possible. A skilled attorney can help you understand your rights, assess your options, and develop a tailored defense strategy.
Penalties of Georgia Domestic Violence Charges
Domestic violence offenses can result in various criminal charges. Penalties vary based on the circumstances surrounding the crime, the harm involved, and the defendant's prior convictions. While most domestic violence offenses result in misdemeanor charges, harsher penalties may be enacted.
Assault or Battery
Simple assault is when an individual commits a violent crime against someone or by doing something that incites fear of imminent violent injury.
Simple battery involves an individual intentionally causing physical harm to another person or making physical contact in an attempt to provoke or insult another person.
Both of these charges may result in up to 12 months in jail and a $5,000 fine. However, if the defendant has previous domestic violence charges, from any state, then battery becomes a felony offense, which could result in one to five years in prison.
Aggravated Assault or Battery
Aggravated assault occurs when an individual assaults another person with the intent to murder, rape, or rob with a deadly weapon that could cause serious bodily injury, result in strangulation, or even discharging a firearm from a vehicle in their direction.
Aggravated battery occurs when an individual maliciously causes bodily harm to another person, often resulting in broken bones, hearing loss, serious sprains or swelling, or serious disfigurement.
Both of these are felonies that carry a 3-20 year prison sentence.
Stalking or Aggravated Stalking
Stalking is when an individual begins contacting another person for the purpose of harassing or intimidating. This can result in up to 12 months in jail and a $1,000 fine for a first offense and 1-10 years in prison for each additional offense.
Aggravated stalking includes more concerning behaviors, such as following or placing another person under surveillance in violation of a protective order. This can result in 1-10 years in prison along with a hefty $10,000 fine.
How The Abt Law Firm Can Help
Facing criminal charges can be an overwhelming experience. At The Abt Law Firm, we understand the gravity of the situation and are dedicated to providing you with the strongest possible defense. Here's how we can help:
- Personalized Legal Guidance: We believe in a personalized approach. We'll take the time to understand the unique circumstances of your case, listen to your concerns, and develop a customized defense strategy tailored to your specific needs.
- Dedicated Representation in Court: Our experienced attorneys will tirelessly advocate for your rights throughout the legal process. We will meticulously investigate the facts, challenge evidence, and negotiate with prosecutors to achieve the best possible outcome for your case.
- Proven Track Record of Success: With years of experience and a proven track record of successful outcomes, you can trust The Abt Law Firm to provide the skilled and aggressive representation you deserve.
Contact Our Atlanta Domestic Violence Lawyer!
Georgia takes domestic violence very seriously. Unfortunately, this eagerness to protect individuals from domestic violence sometimes means that innocent people are accused of this crime. The Abt Law Firm, LLC knows that there are two sides to every story and is ready to make sure your version of events is heard in the courtroom. Our Atlanta domestic violence attorneys use our decades of combined experience to command respect in the courtroom, build a strong case for you, and earn results that change lives.
Contact us today to schedule a consultation with an Atlanta domestic violence lawyer.
Frequently Asked Questions (FAQs)
What should I do if I am falsely accused of domestic violence?
If you are falsely accused of domestic violence, it is crucial to seek legal representation immediately. Document any evidence that supports your innocence and avoid any contact with the accuser, as this could complicate your case.
Can I still see my children if I have a domestic violence charge?
Having a domestic violence charge can impact your custody rights. It is important to consult with an attorney who specializes in domestic violence to understand your options and protect your parental rights.
What are the possible penalties for a domestic violence conviction in Georgia?
Penalties for a domestic violence conviction in Georgia can include fines, jail time, probation, and mandatory counseling. Additionally, a conviction may affect your reputation and future employment opportunities.
What is the difference between a protective order and a restraining order?
A protective order is specifically designed for cases of domestic violence, offering immediate protection to the victim, while a restraining order can apply to a broader range of situations. Both are legally binding and can prevent the accused from contacting the victim.
