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Simple Battery Family Violence

Charges in Cobb County

Simple Battery - Family Violence is one of the most serious misdemeanor charges in the State of Georgia, particularly Cobb county. A simple battery family violence charge will create an arrest record. It can impact your ability to live in your own home and see your own children. You might be served with a temporary protective order (TPO) by the other party after the incident. These issues all arise before your case even makes it to court. Once your case makes it to court, you must navigate the evidence in the case, the desire of the other party to pursue a conviction, and Cobb county solicitors who take these charges seriously. A conviction for simple battery – family violence in Cobb County can include jail time. A conviction for a crime of family violence will impact your right to own a firearm. If you are not a United States citizen, the arrest and conviction can have an impact on your immigration status. Because of the high stakes involved in a family violence battery case, it is important that you speak with an attorney to understand and protect your rights as soon as possible after a simple battery – family violence arrest.

What Happens After the Police Show Up for a Domestic Dispute?

If the police arrive to a Cobb county domestic disturbance call, it is incredibly likely someone is getting arrested. The police officer will ask each party and any witnesses what happened, and then make a decision on whether there is probable cause that a crime has been committed in order to take a Cobb county warrant out for your arrest. Expect that the officer is wearing a body camera during this investigation and that any statements made to the officer are being recorded and will be used against you at trial.

What is a Simple Battery?

Simple battery is a crime under Georgia law and it is codified in Official Code of Georgia (O.C.G.A.) 16-5-23. A person commits the offense of simple battery when he or she either: (1) Intentionally makes physical contact of an insulting or provoking nature with the person of another; or (2) Intentionally causes physical harm to another.

What is Family Violence?

Family violence can apply to more crimes than just simple battery in Cobb county. 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

While simple battery family violence is the most common family violence charge in Cobb county, it is not the only charge that can carry the family violence designation. A conviction under a family violence designation can include increased sentencing as well as impact your rights to own a firearm.

What Happens after an Arrest for Simple Battery Family Violence in Cobb County?

The Cobb County Jail located at 1825 County Services Pkwy, Marietta, GA 30008 is where you will be booked for all simple battery family violence charges that occur within Cobb County.

If you are arrested for simple battery family violence from any of the municipalities in Cobb county such as Marietta, Smyrna, Kennesaw, Acworth, Austell, Powder Springs, or other unincorporated portions of Cobb County including East Cobb, Mableton, Vinings, and Fair Oaks; you will be taken to the Cobb County Adult Detention Center at 1825 County Services Pkwy, Marietta, GA 30008. You should have first appearance the next day. However, if you are arrested very late in the evening or early morning, you may not get booked until after the cutoff for first appearance that day and have to wait for the next available first appearance calendar.

First appearance hearings are an important part of the defense for a simple battery family violence charge in Cobb county. At misdemeanor first appearance hearings the Judge generally issues a no contact provision with the alleged victim in the case. This no contact provision can either be a full no contact provision, meaning the defendant and the victim cannot have any contact at all, either in person, phone, text, video, or through other parties. It can also be a no violent contact provision, meaning the parties can have contact but if there is any physical or verbal violence or threats, it would be a violation of the bond condition. If a no contact provision is set, the defendant will be prohibited from living in the same home as the victim in the case. The no contact provision is often the most important part of the case prior to accusation.

If a no contact provision is put into place by a Cobb county magistrate Judge, the only way it can be amended is through a motion to modify bond conditions.  

What is the Court Process Like for a Cobb County Family Violence Battery Charge?

The Cobb County Courthouse located at 12 E Park Square, Marietta, Georgia 30090 is the courthouse where court will be held for all Cobb county simple battery family violence offenses. Cobb County State Court presides over all misdemeanor offenses including most battery family violence offenses.

The Cobb County State Court building is located at 12 E Park Square, Marietta, Georgia 30090.

Simple battery family violence cases are prosecuted by the Cobb County Solicitor’s Office. The Cobb County Solicitor’s Office is located on the Fifth floor at 10 E Park Square, Marietta, Georgia 30090. In order to secure a conviction in a family violence battery case, the prosecutor must have the evidence to prove the charge(s) beyond a reasonable doubt. Typical evidence in a domestic case is testimony from parties present at the time of the incident, testimony of the officer or officers on scene, any audio or video recordings that exist, and even social media posts or text messages. It is important after an incident like this to gather all the evidence you have and save it to have available for your defense.

There are many potential resolutions to a simple battery family violence case in Cobb County. You are always entitled to a trial by jury on any Georgia misdemeanor offense. You can also enter a plea of guilty or no contest and resolve your case at first appearance. But in between these two very quick and very long resolutions is where a knowledgeable and experiences Cobb county simple battery family violence attorney can negotiate with the Cobb county solicitor’s office and try and get the best possible resolution for you on your behalf. A Cobb county simple battery family violence lawyer can act as an intermediary between heated and emotional parties, making sure the focus is always on getting the best possible outcome for you and your case.

If you would like a free consultation regarding a family violence battery, simple battery, criminal trespass, simple assault, or any other domestic incident in Cobb county, please give me a call or text at 678-753-6431 and I would love to discuss your case with you.