Georgia Domestic and Family Violence Defined
Domestic and family violence is abuse that occurs between family members or unmarried partners. Georgia domestic and family violence penalties are not taken lightly.
There is a section in the Georgia Code that specifically addresses police investigations of family violence incidents. In order to lawfully arrest and charge a person with any domestic violence offense, a two-part analysis must be completed.
- The relationship test – the accused and the victim have to be in a specific type of relationship, and
- The violence test – only certain offenses fall under the purview of Georgia’s Family Violence Act.
Georgia defines “family violence” as any commission of offenses of battery, simple battery, simple assault, assault, stalking, criminal damage to property, unlawful restraint, criminal trespass, or any felony committed between the following persons:
- current or former spouses
- persons who are parents of the same child
- parents and children
- stepparents and stepchildren
- foster parents and foster children, or
- persons currently or formerly living in the same household.
Georgia’s definition of family violence expressly excludes a parent’s “reasonable discipline” of a child that takes the form of corporal punishment, restraint, or detention.
(O.C.G.A. § 19-13-1)
Penalties for Domestic Violence in Georgia
Georgia domestic violence penalties can have life-long effects and are highlighted below:
Misdemeanor (simple battery) – 1st offense – Maximum jail penalty of up to 12 months, plus a $1,000 fine.
Felony (aggravated battery) – 2nd (or subsequent) conviction – Maximum penalty of five (5) years in state prison, and up to $10,000 in fines.
Federal law states that anyone who is convicted of a family violence or domestic violence crime will lose their right to own or possess a firearm. This includes misdemeanors under Georgia law as well as felony crimes.
Other penalties for conviction that may be imposed include probation, anger management classes, community service, and fines. Factors, such as prior offenses or history of domestic violence, help determine the severity of the punishment. Sentencing may also include a Family Violence Protective Order (restraining order).
Protective Orders
In Georgia, there are two types of Family Violence Protection Orders:
- Temporary Ex Parte Orders (TRO); and
- Family Violence Protection Orders.
A TRO is meant to protect someone from immediate danger.
A Family Violence Protective Order prohibits the offender from having contact with the victim for a specified period of time. This order is more permanent and may be issued after a hearing in which both persons have a chance to tell their sides of the story. Family Violence Protection Orders last up to one year, but can be extended for up to three years (a “permanent” order).
Penalties are provided for violation of protective orders issued by the Court. If a person is found to violate a restraining or protective order, he or she could be jailed and charged with a separate crime, including aggravated stalking.
When to Hire An Experienced Domestic Violence Defense Attorney
If you or someone you know is facing domestic violence charges in Georgia, the assistance of a qualified domestic violence defense attorney could be a game-changer. Contact my Savannah law office to schedule a free consultation. Call 912-656-5996 or fill out my online intake form.
Representing clients throughout Chatham and Bryan Counties and Georgia, including Savannah, Pooler and Garden City.
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