Domestic violence can destroy families and individuals and is a severe problem in our society. However, it is also a learned behavior. People who resort to violence in their families are often repeating patterns they learned as children. The system often punishes people caught in these patterns instead of giving them a chance to learn to do better and break the cycle. Additionally, if you are innocent, a conviction is a miscarriage of justice.
When you face domestic violence charges, you must take them seriously. Charges, alone, could negatively affect your reputation, relationships, and ability to work. Luckily, our skilled criminal defense attorneys could help. We could explore all the potential criminal solutions and help you access resources to break family cycles. A Doraville domestic violence lawyer could also prepare the best possible defense and protect your rights throughout the process.
Domestic Violence Laws in Georgia
Under Georgia Code § 19-13-1, family violence is the commission of any felony or battery by a family member. This includes:
- Assault
- Stalking
- Simple battery
- Simple assault
- Criminal trespass
- Criminal damage to property
- Unlawful restraint by a family member
The state defines family as:
- Co-parents
- Parents and children
- Past or present spouses
- Stepparents and stepchildren
- Members of the same household
- Foster parents and foster children
While the law seems all-inclusive, it carves out an exception for physical violence by a parent against a child if it is “reasonable discipline” in the form of corporal punishment, restraint, or detention. In other words, charges of domestic violence based on the punishment of a child depend on a subjective standard instead of an absolute standard. A Doraville attorney could help you understand the scope of the law and review your charges to prepare a defense for your domestic violence case.
Addressing Domestic Violence
The law provides two different avenues for victims of domestic violence to seek redress.
Protective Orders
Georgia Code § 19-13-3 allows victims to seek temporary protective orders, also known as “kick-out” protective orders. These often occur at the same time as an arrest for family violence and can prevent you from entering your home unless accompanied by the police and only for retrieving necessities. These orders are temporary but are often followed by a hearing for a long-term protective order, which can impact employment decisions, child custody, and the division of assets in a divorce.
Criminal Charges
A victim could also press charges, but they do not have to. Once they initiate charges, the victim cannot drop them. However, if a victim supports an alternative resolution, the prosecutor may listen to their input about it. You might think that convincing them to talk to the prosecutor is the best idea, but this would likely violate the protective order. A lawyer in Doraville could reach out on your behalf to discuss solutions with an alleged domestic violence victim.
Defenses to Domestic Violence Charges
Crafting the appropriate defense depends on the circumstances of the assault, so you must fully explain the situation to your attorney in Doraville. There are a couple of defenses you could use:
Self-Defense
In some instances, the police arrested the wrong party, and you may be able to establish that you used self-defense as an argument against charges. You must show that you were not the primary aggressor and that you only resorted to violence after being subjected to violence yourself.
Innocence
Another defense is actual innocence. The viability of this defense depends on the state’s evidence. If the state does not have evidence of injuries linked to the alleged abuse, a lawyer may be able to get the charges dismissed.
Georgia Code § 42-8-60 allows people who are accused of their first offense to plead guilty or no contest and get deferred adjudication. If they complete the conditions of a probationary period, then the court dismisses the charges. These agreements often require battering intervention education, anger management, psychological evaluations and treatment, and substance abuse treatment, if applicable.
Speak to a Doraville Attorney About Your Domestic Violence Charges
Domestic violence is a huge social and personal problem, but the criminal justice system is not equipped to deal with it. Offenders and victims need meaningful intervention to break cycles, not criminal consequences. These consequences can often increase stress and financial hardships, making life more difficult for everyone involved. When you face these charges, schedule a consultation with a Doraville domestic violence lawyer. We could help you explore all of your options.
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