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Family Violence Charges in Georgia

What is Family Violence?

Family Violence is a legal definition in the State of Georgia. Under the Official Code of Georgia 19-13-1, 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.

How Did I Get Charged with Family Violence?

You will get charged with the family violence version of an offense if the criminal act occurs 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. The charges where family violence applies are:

  • Any Felony Charge

  • Battery

  • Simple Battery

  • Simple Assault

  • Assault

  • Stalking

  • Criminal Damage to Property

  • Unlawful Restraint

  • Criminal Trespass

Why Was I Served with a Protective Order?

If you were charged with family violence it is possible the complaining party has filed a temporary protective order against you. A family violence temporary protective order is given by a Judge in Superior Court after summon swears under oath that an act of family violence occurs. The Judge will sign an ex parte temporary order preventing you from being within a certain number of feet of that person, other persons, or property. You will be served with notice of the protective order and given a date to appear in court where the matter will be heard.

At that court date the Judge will hear evidence from both sides. If the protective order is granted, it will remain in place for one year.

What Do I Do if I am Charged with Family Violence in Georgia?

You need to consult with an 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. It is possible that motions can be drafted to modify bond to allow you to have contact or return home. The quicker those motions are drafted, the quicker we can get in front of a Judge to have your case heard. 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 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 it. 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 contact or reply to them.

Family violence situations that result in convictions can impact your gun rights on a federal level, even if you aren’t ultimately convicted of a family violence offense.

If you have been arrested for family violence - battery, simple battery, aggravated assault, or any family violence charge, you need to reach out to an attorney today to get the best advice to move forward with your case. I am available and happy to speak with you, even if you decide you do not want an attorney. Every county in the metro Atlanta area handles family violence cases differently and you need to be prepared for what to expect prior to court and throughout the court process. I have experience handling family violence cases all over the state of Georgia. I am available 24/7 for a free consultation. Call or text me at 678-753-6431 or e-mail me at ryan@ryanwalshlegal.com.