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Domestic abuse is a complex issue. Intimate partner violence is never the best solution, regardless of the challenges you are facing. However, domestic violence is often not as black and white as the criminal justice system makes it seem and can often get complicated.
A domestic violence conviction can lead to criminal penalties, though most first-time offenders will not serve time in jail. Still, the related consequences can have a more significant impact than any criminal consequences. A domestic violence charge can cause people to lose their homes and jobs, impact divorce and custody proceedings, and affect someone’s right to own a gun. When you are facing charges, consult an Atlanta domestic violence lawyer. One of our seasoned criminal defense attorneys could provide the best possible defense for you and protect your rights along the way.
The Georgia Family Violence Act, Georgia Code Annotated § 19-13-30 – 19-13-34, addresses the issue of domestic violence. It specifically addresses the civil side, including protective orders and other legal interventions. However, it states that family violence can include various crimes, such as:
What makes these crimes family violence is if the parties are co-parents to the same child, former or current spouses, current or former household members, and parents and children — including step and foster relations.
Other crimes may fall under the domestic violence umbrella. Sexual assault, child abuse, violating a protective order, and interfering with a 911 call are some of those crimes. The combination of the family relationship and the type of crime makes it domestic violence. An attorney in Atlanta could assist when you are charged with a violent crime against a family member.
The police typically guide the person being charged through the temporary protective order (TPO) process after an arrest. These TPOs have the force of law until the hearing date, which is generally within the following few weeks.
TPOs are also known as kick-out protective orders because they can kick you out of your home to prohibit you from going within a certain distance of the alleged victim. The police may accompany you to retrieve necessities. At a hearing, a court can decide to make the TPO into a permanent protective order. These protective orders often have significant requirements from the courts.
Regardless of the outcome of the civil or criminal case against you, continuing to commit domestic violence is unacceptable. It can only lead to further decline in your relationship and dramatically increases the risk of facing additional criminal charges. It is important to consult with an attorney in Atlanta about your domestic violence charges and all the potential consequences.
When you are an accused offender, know that you should never try to convince a complaining witness to drop domestic violence charges — doing so could be a violation of a protective order and lead to additional charges. However, an Atlanta domestic violence lawyer could help you explore all potential options for you and your family. In many instances, both parties will want to seek reunification.
One of our attorneys could also help develop a plan that protects you from additional charges and provides interventions to help stop violence. Call today to schedule a consultation and get started on reviewing your options for a case.