Domestic violence charges are taken extremely seriously in Cobb County, Georgia, and even a first arrest can carry immediate and life-altering consequences. Cases involving alleged domestic violence in Marietta and throughout Cobb County are handled swiftly by the courts, often resulting in mandatory arrest, no-contact orders, and strict bond conditions long before a case is resolved.
Under Georgia law, domestic violence cases can be prosecuted in both criminal and civil courts, with penalties that may include jail time, probation, mandatory counseling, and restrictions on contact with family members. Repeat offenses significantly increase the risk of incarceration, and in some situations, a conviction can carry up to five years in prison, along with long-term protective orders that affect housing, employment, and parental rights.
If you or a loved one has been accused of domestic violence in Cobb County, understanding the potential jail time and how these cases are prosecuted locally is critical. Frye Law Group represents individuals facing domestic violence allegations and works to protect their rights, challenge the evidence, and pursue the best possible outcome at every stage of the case.
Definition of domestic assault
The common definition of domestic violence most often used in Georgia is “family violence.” (OCGA § 19-13-1) According to the Georgia Code, family violence is any felony committed between two people with one of the following relationship:
- past or present spouses
- people who are parents of the same child
- parents and children
- stepparents and stepchildren
- foster parents and foster children
- or anyone living or formerly living in the same household
While the code does state that any felony between family members meeting this definition can be considered family violence, it also gives a few examples of common offenses that fall under the family violence definition:
- battery or simple battery
- assault or simple assaulted
- stalking
- criminal damage to property
- unlawful restraint
- criminal trespass
This definition is useful in Georgia law to clarify what counts as family violence as opposed to a regular violent criminal offense. However, when it comes to convicting and sentencing, each of these offenses have different definitions and penalties.
If you are accused of “domestic assault,” the crime you are most likely being charged with is family battery.
Sentencing for domestic assault
According to Title 16 of the Georgia Code, battery is when one person “intentionally causes substantial physical harm or visible bodily harm to another.” (OCGA. § 16-5-23.1)
“Family battery” is when the offense of battery is committed between any of the people meeting the definition of family violence in the bulleted list above.
Like regular battery, a first conviction for family battery will be considered a misdemeanor, and is only punishable by up to a $1,000 fine or 12 months in jail.
However, unlike regular battery, any second conviction of family battery, even if it’s committed against a different person, will be considered a felony. This means that a second offense of family battery could be punishable by up to 5 years in prison.
In addition, violating a family violence protective order is a criminal offense that can potentially lead to jail time. In civil court, an individual may file a petition seeking protection from their family member due to domestic violence. A petition can also be filed on behalf of a minor child.
If granted, the court can issue a protective order that may require the person accused of domestic violence to leave their shared home, make child custody arrangements, or provide the victim with temporary housing. This is similar to a restraining order.
Violating a protective order is usually considered a misdemeanor, which means it’s punishable by up to a $1,000 fine or 12 months in jail.
Hire a criminal defense attorney today
Domestic violence is a serious issue, but so is protecting the rights of the accused. If you’ve been wrongfully accused of family violence in Georgia, or if you worry your rights will not be respected in court, the Frye Law Group can help. Contact us today to schedule a free consultation.
FAQ for Domestic Violence in Georgia
- How is “family violence” defined under Georgia law?
Georgia’s Family Violence Act defines family violence as certain crimes between people in specific relationships. It includes current or former spouses, parents and children (including step or foster), co-parents of a child, and anyone living or formerly living in the same household.
- Is a first-time domestic violence charge a misdemeanor in Georgia?
In most cases, yes. A first conviction for family violence battery (the typical domestic violence charge for causing physical harm to a family/household member) is treated as a misdemeanor. Misdemeanors in Georgia carry a maximum penalty of up to 12 months in jail and up to a $1,000 fine.
- When does a domestic violence charge become a felony in Georgia?
A domestic violence charge can become a felony in a couple of ways. The most common is if you have a prior conviction for family violence battery, any second or subsequent offense of family violence battery is automatically a felony (even if the second incident involves a different victim in your family).
- What happens if I violate a family violence protective order?
Violating a family violence protective order (sometimes called a restraining order) is a criminal offense in Georgia. Typically, it’s charged as a misdemeanor, punishable by up to 12 months in jail and a $1,000 fine.
- What immediate consequences follow a domestic violence arrest in Cobb County?
In Cobb County, as in much of Georgia, police responding to a domestic violence call often have a mandatory arrest policy if they find probable cause that an act of family violence occurred. This means you could be taken into custody on the spot.
- Why should I hire a criminal defense attorney for a domestic violence charge?
Domestic violence cases can be complex and emotionally charged. A criminal defense attorney is critical to protecting your rights throughout the process.