Griffin, Georgia Attorneys Stand up for Those Facing Domestic Violence Charges
Dutton & Dutton Law Firm, LLC Defend Individuals Falsely Accused
Georgia considers domestic violence to be an act of family violence.
The state’s Family Violence Act aims to protect family members from physical, sexual, and emotional abuse by a present or past spouse, parents of the same child, parents and children, stepparents and stepchildren, foster parents and foster children, or other people residing (or formerly residing) in the same household. Those not qualifying for protection under the Family Violence Act may be eligible under Georgia stalking laws.
What Is Covered Under the Georgia Family Violence Act?
The main provisions of the Georgia Family Violence Act forbid the following:
- Battery, including simple battery
- Assault, including simple assault
- Criminal damage to property
- Unlawful restraint
- Criminal trespass
The Act does not prohibit reasonable discipline administered by a parent to a child consisting of corporal punishment, restraint, or detention.
Family Violence Protective Orders
A person claiming to have been a victim of family violence in Georgia may petition the superior court seeking a protective order. A person can also file a petition for a protective order on behalf of a minor child. If the judge determines that the petitioner or minor child has been the victim of family violence and remains at risk for family violence, the court will issue a temporary protective order ex parte – without notice to the person against whom the order has been filed.
The court must hold a hearing on the petition within 30 days of the date it was filed. At that time, the court might issue a protective order requiring the respondent to refrain from harassing or interfering with the victim or committing further acts of family violence. The order can also require either party to vacate a shared home, award personal property to a party, arrange for child custody and support, and require the respondent to obtain psychiatric or psychological services. Anyone who violates a family violence protective order may be held in contempt of court or charged criminally.
Domestic Violence Penalties
In Georgia, acts involving family violence typically receive more severe punishment than similar actions occurring between those not in a domestic relationship. For example, while a battery conviction (or a first conviction for family violence) is considered a misdemeanor punishable by 12 months in jail or a $1,000 fine or both, subsequent convictions for family violence battery are felonies punishable by up to five years in prison. However, first-time family violence offenders in Georgia may be eligible for diversion programs that can result in their charges dismissed and their record cleared.
Contact a Compassionate Griffin, Georgia Uncontested Divorce Lawyer
If you are facing domestic violence charges in Georgia, the penalties – jail or prison time, fines, and the potential loss of parental rights – can be devastating. Contact Dutton & Dutton Law Firm, LLC to ensure that your legal rights are protected.