Marietta Domestic Violence Defense Attorney

COMBATING DOMESTIC VIOLENCE CHARGES IN GA

Domestic violence charges may lead to emotions such as anger, confusion, hurt and a sense of betrayal. Both the victim and the accused experience these emotions. Consult a domestic violence defense lawyer in Marietta, Georgia, to help you through the next steps.

OBEY COURT ORDERS

If you are facing domestic violence charges and received a restraining order forbidding you to contact someone, obey the order. That is the first step in solving your problem. You are probably thinking, “I have been treated unfairly; I didn’t do it; I have a right to see my children.” All of which may be true, but more severe problems can arise if you disobey the order.

GEORGIA FAMILY VOILENCE ACT

Georgia’s Family Violence Act (FVA) is a specific legal framework applied to certain criminal charges involving individuals with a defined domestic relationship. It enhances penalties and legal procedures compared to standard criminal charges under Georgia law.

Under O.C.G.A. § 19-13-1, the FVA applies when the accused and the alleged victim share any of the following relationships:

• Spouses or former spouses

• Parents and children

• Step-parents and step-children

• Foster parents and foster children

• Individuals living or formerly living in the same household

• Parents of the same child

The FVA covers acts like battery, assault, stalking, criminal trespass, and other felonies. These cases are treated more seriously and may involve mandatory counseling, firearm restrictions under federal law (18 U.S.C. § 922(g)(9)), and long-term protective orders. If you’re facing charges under this statute, a Marietta domestic violence lawyer can help safeguard your rights.

UNDERSTANDING GEORGIA’S DOMESTIC VIOLENCE LAWS

Georgia’s domestic violence laws are strict, aiming to protect individuals while imposing penalties that discourage future offenses. Under Georgia law, individuals who have been threatened, harassed, or physically harmed by a family member or intimate partner may request a Temporary Protective Order (TPO). A TPO is initially issued on an ex parte basis, meaning the alleged abuser may not be present at the hearing.

A TPO can last up to 30 days and, upon a full hearing, may be extended for up to one year, or in some cases, indefinitely. Violating a TPO is a criminal offense, leading to immediate arrest and additional charges, underscoring Georgia’s commitment to the safety of victims.

When it comes to sentencing, Georgia’s approach includes mandatory minimum sentences for certain domestic violence offenses. For example, a simple assault charge related to domestic violence may lead to up to one year in jail. However, more severe offenses, such as aggravated assault or aggravated battery against a family member, carry much longer sentences.

Aggravated domestic violence, often involving serious bodily harm or the use of a deadly weapon, can result in 5-20 years in prison, depending on the severity and circumstances. Additionally, the state imposes enhanced penalties if children witness the abuse, recognizing the emotional impact on minors.

Georgia also includes specific provisions in its domestic violence laws addressing recidivism. Repeat offenders face increasingly severe penalties, including extended jail time and potentially mandatory counseling. These laws reflect Georgia’s commitment to deterring future domestic violence incidents and prioritizing both the immediate and long-term safety of victims.

CRIMINAL OFFENSE CONSIDERED FAMILY VOILENCE IN GEORGIA

The following offenses, when committed between qualifying individuals, may be prosecuted under the Family Violence Act:

• Simple Battery – O.C.G.A. § 16-5-23

• Battery – O.C.G.A. § 16-5-23.1

• Aggravated Battery – O.C.G.A. § 16-5-24

• Simple Assault – O.C.G.A. § 16-5-20

• Aggravated Assault – O.C.G.A. § 16-5-21

• Stalking – O.C.G.A. § 16-5-90

• Aggravated Stalking – O.C.G.A. § 16-5-91

• Criminal Trespass – O.C.G.A. § 16-7-21

• Criminal Damage to Property – O.C.G.A. § 16-7-22

• Unlawful Restraint or False Imprisonment – O.C.G.A. § 16-5-41

Each offense can escalate in severity depending on the facts of the case and whether prior convictions exist. A qualified Marietta criminal defense attorney can explain how these charges may impact you.

DOMESTIC VIOLENCE CASES ARE COMPLEX

Domestic violence cases are difficult for all parties. If you are facing domestic violence charges, you are fighting a battle on two fronts. You probably saw the results of the civil action first. A temporary ex parte order may have been issued. Ex parte means only one side has presented its case to a judge. Quite possibly, you spent 24 hours in jail. You have also been ordered to stay away from certain family members or someone with whom you had a child. The law provides for a hearing within 10 days. This part of the process is a civil action, and you will not face any additional jail time from the civil action unless you violate the order.

However, there is a corresponding criminal action; you can be sentenced to jail time by a criminal court. As stated before, the first step in solving your problem is to obey the restraining order. A person charged with criminal domestic violence has legal problems and is under a great deal of stress and confusion. A domestic violence defense lawyer may help with both issues.

Misdemeanor vs. Felony Domestic Violence Charges

Georgia law classifies domestic violence offenses as either misdemeanors or felonies depending on the severity of the act and the defendant’s criminal history.

Misdemeanor Domestic Violence:

• First-time simple battery or assault offenses

• Up to 12 months in jail

• Fines up to $1,000

• Mandatory counseling or probation

Felony Domestic Violence:

• Aggravated battery or aggravated assault

• Repeat offenses under the FVA

• Use of a deadly weapon

• Penalties include 1–20 years in prison, larger fines, and long-term loss of rights

The consequences of a felony conviction are severe, including loss of firearm rights and significant challenges in future criminal defense cases. Speak with a Marietta criminal defense lawyer to determine the exact nature of the charges and available defenses.

LEGAL DEFENSES IN DOMESTIC VIOLENCE CASES IN GA

Domestic violence statutes prohibit violent acts among certain classes of people. Those protected against acts of violence include current and former spouses, people who have a child in common, children, stepchildren, parents, stepparents, foster parents, foster children and persons currently living or who formerly lived in the same household. If a person in one of these classes assaults, batters, threatens to assault, stalks or destroys the property of a person in the protected class, they have committed domestic violence.

As with all charges, there are defenses to domestic violence charges. Often family violence is a he said, she said case. Do not be discouraged if you did not win the civil case. The plaintiff only has to prove its case by a preponderance of the evidence in a civil case. Preponderance of the evidence means the plaintiff just has to convince a judge that it is more likely than not that you are guilty. Moreover, a civil hearing can occur within 10 days. In a criminal case, the prosecutor has to prove the case beyond a reasonable doubt. Also, you and your attorney will have more time to prepare. An experienced criminal defense lawyer should be involved from the beginning of the process, even before the civil hearing. Although the first hearing will be a civil case, what you say in the civil case can be used against you in a subsequent criminal case. With all due respect to people who have been charged with family violence, frequently the biggest enemy they face is the person in the mirror.

A domestic violence charge shakes people to the core and upsets their daily living pattern. Emotions are high. Therefore, it is important to have an attorney to help keep you from making critical mistakes. Domestic violence cases, even misdemeanors, can affect your right to purchase, possess or carry firearms for the rest of your life. It is very important to speak with an experienced criminal defense lawyer if you want to preserve your 2nd Amendment rights.

KIM FRYE AND HER LEGAL TEAM ARE EXPERIENCED AND ZEALOUS DOMESTIC VIOLENCE DEFENSE LAWYERS

Attorney Kim Frye formerly worked in a district attorney’s office as a prosecutor and now defends people accused of crimes. Because of our attorneys’ diverse experiences working both sides of the criminal law court, we know what to expect. Our team will investigate the facts of the case before it goes to trial. We will fight for your right to a fair trial. If a witness makes false statements, we will be ready to question them about inconsistencies in their testimony. We will hold the state to their burden of proof.

Our firm also knows that a domestic violence case is about more than legal facts, trials and plea bargains. People charged with domestic violence may be unable to see their children, hurt because they have been accused unfairly and uncertain of the future. Often domestic violence cases follow a pattern. An experienced attorney knows the patterns and how to help you. We know the law and the stress that the family is enduring.

NAVIGATING THE EMOTIONAL IMPACT OF DOMESTIC VIOLENCE CHARGES

Facing domestic violence charges often triggers a profound emotional crisis. Many defendants experience intense

anxiety, depression, and social isolation. The stigma attached to these allegations can damage your professional reputation and personal relationships before any verdict is reached.

Our legal team recognizes that effective defense requires addressing both legal and emotional challenges. We provide a confidential environment where you can discuss your concerns openly without fear of judgment. We take time to explain each step of the legal process, reducing uncertainty that often fuels distress.

We connect clients with appropriate mental health resources when needed. Managing stress improves decision-making abilities that are crucial during this critical time. Our attorneys have witnessed how proper emotional support translates to better case outcomes.

The psychological burden of domestic violence accusations can feel overwhelming. Some clients struggle with sleep disturbances and difficulty concentrating. We help you develop practical coping strategies while building your defense case. Our commitment extends beyond courtroom representation to supporting your overall wellbeing throughout this challenging journey.

Contact our defense lawyers for domestic violence charges in Marietta, GA today for a Free Case Evaluation!