Simple Battery - Family Violence
The holiday season brings the increased stressors of travel, financial burdens, and occasionally family. During the holiday season I often see an increased number of people looking for help with family violence related charges. I wanted to take a few minutes to explain what Georgia family violence charges are, and why the classification as a family violence charge can create more severe consequences through the legal process.
What is Family Violence under Georgia law?
Family Violence is a legal definition in the State of Georgia. Family Violence is defined as: any felony or certain misdemeanors that occur between:
past or present spouses,
persons who are parents of the same child,
parents and children,
stepparents and stepchildren,
foster parents and foster children,
or other persons living or formerly living in the same household. O.C.G.A. 19-13-1.
Potential criminal conduct that can be charged as family violence under Georgia law includes:
Any Felony Charge
Battery
Simple Battery
Simple Assault
Assault
Stalking
Criminal Damage to Property
Unlawful Restraint
Criminal Trespass
How Does a Family Violence Charge Differ from a Regular Criminal Charge
First, a family violence charge can subject you to a temporary protective order. Victims of family violence cases can file for a family violence temporary protective order. If entered, the temporary protective order may remove you from your home, prevent you from seeing your family, and create responsibilities such as Georgia family violence intervention program (FVIP) classes. Protective orders can also restrict your gun rights while the order is in place and restrict your communication between parties.
Second, a conviction for a crime of domestic violence can impact your ability to own a firearm under federal law. While the state of Georgia does not prohibit firearm possession by citizens convicted of misdemeanor offenses, federal firearms law prevents the possession, transport, or sale of a firearm by anyone convicted of a misdemeanor crime of domestic violence. A misdemeanor crime of domestic violence under federal law is any offense that is classified as family violence under Georgia law AND has the element of the use or attempted use of physical force, or the threatened use of a deadly weapon.
Finally, allegations of family violence have greater penalties and consequences than if the criminal conduct was not charged as family violence. Increased fines, possible jail time, probation, classes, community service, and other potential consequences are all increased by family violence classification. Multiple instances of family violence allegations between the same parties can result in felony charges as well.
What to Do if You Are Arrested for a Family Violence Charge in Georgia
You need to consult with a Georgia family violence attorney immediately. There may be conditions of your bond, such as a no contact provision with the alleged victim, or a stay away provision from your home or a shared home. Violations of your bond conditions could bring additional charges or land you back in jail while your case is pending.
Do not make any statements. Assume you are always being recorded. Very often, family violence charges have no additional witnesses besides you and the alleged victim. Making statements to the police or anyone else regarding the facts and circumstances of the case could allow those statements to be used against you in court when there is no additional evidence to present against you.
If there are witnesses, make sure you have their contact information. Do not reach out to them. Allow your attorney to reach out to them on your behalf. If there are text messages, voicemails, or any communication before or after the incident that has been recorded, save them. If you have pictures, save them. If the alleged victim reaches out to you after the incident, save those messages as well. Remember, if you have a no contact provision as part of your bond, they can contact you but you cannot reply to their contact. You cannot reach out to them. Your attorney can do all the necessary work for you during the pendency of your case.
If you have been charged with a family violence offense in Georgia and would like a free consultation, please call or text today to 678-753-6431. You can also fill out a contact form on this site and someone will reach out to you immediately.
