What happens in a domestic violence court case?

Occasionally, a domestic violence dispute can be settled outside of court. But what happens in a domestic violence court case in Georgia?

Domestic (family) violence charges are treated very seriously in Georgia and may result in hefty penalties, restraining orders, bail conditions, and firearm restrictions.

In this blog post, you will learn:

• Penalties for Family Violence Crimes in Georgia
• Family Violence Conditions and Restrictions
• How to Defend Against Domestic Violence Allegations

Penalties for Family Violence Crimes in Georgia

Penalties for domestic violence in Georgia are generally harsher than identical violent acts committed among non-family members.

Assault or Battery

Customarily, family violence charges include assault and battery. 

A person commits simple assault by attempting to commit a violent injury against someone or doing something that places another in fear of imminent violent harm. Simple battery involves a person intentionally making physical contact to insult or provoke another or causing physical harm to another. When a simple assault or battery involves family violence, a person faces up to 12 months in jail. 

If the offender has a previous family violence forcible felony conviction (from any state), the battery becomes a felony, which subjects the offender to one to five years in prison. Whether or not against the same victim, repeat family violence battery offenses also result in a felony sentencing range.

Aggravated Assault or Battery

More serious family violence charges include aggravated assault and battery.

A person commits aggravated assault by assaulting another:

• with the intent to murder, rape, or rob
• with a deadly weapon or another object that could cause serious bodily injury
• with any object that could or does result in strangulation, or
• through discharging a firearm from a vehicle towards them.

Aggravated battery occurs when a person maliciously causes bodily harm to another, such as injury resulting in broken bones, hearing loss, serious sprains or swelling to a body part, or severe disfigurement.

Both of these felonies carry three to 20 years in prison if the offenses involve family violence.

Stalking or Aggravated Stalking

A person commits stalking by contacting another person with the intent to harass and intimidate. 

Aggravated stalking consists of more dangerous behavior from the stalker, including following or placing the victim under surveillance in violation of a protective order. Upon filing a verified petition, the court may grant any protective order or approve any consent agreement.

Aggravated stalking carries severe penalties, including one to 10 years in prison and a $10,000 fine.

Family Violence Conditions and Restrictions

In addition to incarceration and fines, Georgia law imposes the following conditions and restrictions for family violence cases.

Bail or Pretrial Release

When a police officer makes a warrantless arrest for a family violence offense, the person charged cannot bail out until they get in front of a judge. 

Common bond conditions in domestic-related cases involve having no contact with the victim or the victim’s residence and prohibiting the offender from possessing a firearm. Certain circumstances, such as stalking, require the victim to receive notice of a defendant’s release from custody and any bail hearing in the case.

Firearm Restrictions

As noted above, pretrial release conditions can include losing the suspect’s right to possess a firearm. 

Georgia law authorizes judges to include firearm restrictions when entering temporary protective orders (TPOs). A person who violates the state’s prohibition against gun possession faces up to 10 years in prison. 

Federal law restricts gun rights for those convicted of a “misdemeanor crime of domestic violence.” Federal firearms restrictions do not apply to ex parte protective orders because the respondent has not had notice or an opportunity to be heard.

Mandatory Enrollment in Domestic Violence Classes

Often, you will be court-ordered to attend domestic violence classes, independently or in conjunction with other compulsory penalties.

Your legal counsel may bargain for these classes to mitigate potential jail or prison time.

How to Defend Against Domestic Violence Allegations

The most common defenses against domestic violence charges are self-defense and jurisdictional requirements. An experienced criminal defense attorney will help build a solid defense to help you avoid an unjust conviction.

Suppose the original complaint filed against you lists actions that do not constitute domestic violence, or the relationship between the defendant and the accuser falls outside the scope of the law’s definition for domestic violence. In that case, the defense may be able to secure a dismissal before the trial even begins. 

If the plaintiff suffered injuries due to the defendant acting in self-defense against the plaintiff’s unlawful use of force, the defendant would likely avoid conviction, and the plaintiff may face legal scrutiny.

Remember that in criminal cases, the burden of proof rests on the accuser. The prosecution must prove guilt beyond a reasonable doubt for a conviction to take place.

Speak With a Qualified Criminal Defense Lawyer in Georgia

If you have been arrested and charged with committing an act of family violence in Georgia, contact me immediately to schedule a free consultation.