Call or Text for Free Consultation 678-753-6431
Simple Battery Family Violence in Fulton County
Simple Battery - Family Violence is one of the most serious misdemeanor charges in the State of Georgia, particularly Fulton 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 Fulton county solicitors who take these charges seriously. A conviction for simple battery – family violence in Fulton 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 Fulton 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 Fulton 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 Fulton 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 Fulton 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 Fulton County?
The Fulton County Jail located at 901 Rice Street, Atlanta, Georgia 30318 is where you will be booked for all simple battery family violence charges that occur within Fulton County.
If you are arrested for simple battery family violence from any of the municipalities in Fulton county such as Atlanta, Sandy Springs, Roswell, Alpharetta, Johns Creek, Milton, Union City, East Point, Fairburn, College Park, South Fulton, or Chattahoochee Hills; you will be taken to the Fulton County Jail at 901 Rice Street, Atlanta, Georgia 30318. 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 Fulton 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 Fulton 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 Fulton County Family Violence Battery Charge?
The Fulton County Courthouse located at 185 Central Avenue, Atlanta, Georgia 30303 is the courthouse where court will be held for all Fulton county simple battery family violence offenses. The 2nd and 3rd floors of the courthouse are where the twelve Fulton County State Court Judges have their courtroom. Fulton County State Court presides over all misdemeanor offenses including most battery family violence offenses.
Simple battery family violence cases are prosecuted by the Fulton County Solicitor’s Office. The Fulton County Solicitor’s Office is located on the 3rd floor at 160 Pryor Street, Atlanta, Georgia 30303. 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 Fulton 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 Fulton county simple battery family violence attorney can negotiate with the Fulton county solicitor’s office and try and get the best possible resolution for you on your behalf. A Fulton 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 Fulton county, please give me a call or text at 678-753-6431 and I would love to discuss your case with you.