Domestic Violence Lawyers in Marietta, GA

O.C.G.A. § 19-13-1 Family Violence Georgia Domestic Violence Laws | domestic violence battery Family Violence 

According to O.C.G.A. 19-13-1, "Family Violence," also known as Domestic Violence, is defined as an incident where one or more of the following actions occurs between present or past spouses, parents and their children, individuals who are the parents of the same child, foster parents and their foster children, stepparents and their stepchildren, or people currently living together or once lived together in the same home:

(1) A felony; or

(2) Commits an offense of assault, simple battery, battery, criminal damage to property, simple assault, stalking, criminal trespass, or unlawful restraint.

Moreover, the legal term "family violence" in the state of Georgia does not include "reasonable" discipline given by a parent to their child, including detention, corporal punishment, or restraint. In other words, a parent, legal guardian, or stepparent is permitted to discipline their children as long as the punishment rendered does not rise to the level that is deemed physically or mentally abusive to the child.

Family Violence Punishments, Penalties, and Consequences in Georgia:

Family Violence is a very serious criminal offense in the state of Georgia. Offenders will face a criminal record that will follow them throughout their natural-born life and may create substantial hardships for those convicted of the crime, including one or more of the following:

• loss of employment opportunities;
• loss of reputation;
• increased scrutiny during future interactions with law enforcement;
• loss of visitation rights with children;
• changes in custody rights of minor children;
• loss of gun rights; and
• seizure of firearms;
• revocation of probation;
• issuance of a protective order against family violence;
• mandatory participation in a family violence intervention program;
• and much more.

A Misdemeanor Family Violence conviction carries a jail sentence of up to 12 months, or a $1,000 fine or both for a first-time offense. Subsequent Family Violence convictions carry up to 5 years in jail and fines of up to $5,000.

In Georgia, acts of Family Violence are penalized much more severely than similar acts of violence committed upon strangers, non-relatives, friends, co-workers, etc. For example, a Domestic Violence Battery offense is typically charged as a misdemeanor, but all subsequent Domestic Violence Battery convictions are charged as felonies punishable with up to 5 years in prison for each subsequent offense. However, non-domestic batteries are typically charged felonies once the offender has two or more prior battery convictions on their criminal record and the battery offenses are perpetrated against the same victim.

Official Code of Georgia Annotated (O.C.G.A.) § 19-13-1, Family Violence Intervention, Mandatory Participation; Cost for Participation

Under O.C.G.A. § 19-13-1(a) Family Violence Intervention, in addition to imposing any punishment during the sentencing of a defendant, or when revoking probation due to the probationer committing a new act of family violence, or during the issuance of a new "Protective Order Against Family Violence," the court shall order the defendant to complete a certified "Family Violence Intervention" program pursuant to this article or a "Family Violence Intervention" program that is operated pursuant to O.C.G.A. § 19-13-15 unless the court decides and states on the record why the offender/defendant does not need to participate in such a "Family Violence Intervention" program.

Family Violence While on Probation or Parole in Georgia

As a condition of one's parole or probation condition, a probationer or parolee may not commit any criminal offense. In Georgia, when a probationer or parolee commits an act of Family Violence while on probation or parole, the State Board of Pardons and Paroles will require the "conditional releasee" or "probationer" to participate in a family violence intervention program. According to this article, the program must either be a certified program or a family violence intervention program that is being operated in accordance with O.C.G.A. § 19-13-15. The State Board of Pardons and Paroles may also determine if the "probationer" or the "conditional releasee" does not need to participate in a family violence intervention program. Unless the "parolee" or the "probationer" is indigent, the costs associated with the family violence intervention program, as presented in O.C.G.A. § 19-13-15, will be paid by the "parolee" or the "probationer." If the "probationer" or "parolee" be indigent, then the program's cost will be circumscribed using a sliding scale that is based upon the parolee's or probationer's ability to pay.

O.C.G.A. § 19-13-4 Protective Orders and Consent Agreements; Expiration; Enforcement

Georgia courts may grant or approve a "Protective Order" or any "Consent Agreement" to stop and prevent any further acts of family violence. "Protective Orders" and "Consent Agreements" in Georgia are court orders that legally restrict the interactions between two people. These are also commonly referred to as "Restraining Orders." The individual who is seeking a Protective Order" is called the "petitioner." The petitioner must petition the court to grant a Protective Order. The individual who is being "restrained" is referred to as the "respondent" in "Protective Orders" in Georgia. A respondent may file a Mutual Protective Order or Counter Protective Order by filing their verified petition within three business days of the original protective order's hearing, and all provisions under Code Section 19-13-3 have been completed. 

Protective Orders are damaging to one's reputation because Protective Orders are publicly accessible regardless if the Protective Order is warranted or not. Even if the respondent is innocent and the Protective Order was filed to gain leverage in divorce or child support proceedings or out of spite, the issuance of a Protective Order is of public record. Therefore, it is important that all respondents retain an experienced Atlanta criminal defense attorney to defend against a Protective Order. 

Protective Order or Consent Agreements may:

• Order the respondent to refrain from certain actions;
• Grant one party the full use and sole possession of the household or residence of the two parties or exclude one party from the home;
• Require one party to provide alternate housing for the other party;
• Award temporary custody of minor children;
• Establish new, temporary visitation rights;
• Evict one party from the residence;
• Order one party to pay child support as required by law;
• Order one party to pay spousal support as required by law;
• Order certain personal possessions to go to one party;
• Order the respondent to stop harassing the victim;
• Award court costs to one party; 
• Award attorney’s fees to one party; and
• Order the respondent to undergo psychological or psychiatric services.

A Protective Order is typically granted for up to one year but may also become permanent. Protective Orders apply and remain in effect throughout Georgia and are valid and enforceable in all fifty states.

Violating a Protective Order in Georgia comes with a prison sentence of up to 10 years and a fine of up to $10,000. 

If you have been accused of a crime or if you have violated a Protective Order in Atlanta, you need to speak with one of our experienced Georgia Domestic Violence Defense Attorneys as soon as possible. 

If you’ve been accused of a violent crime, the stakes are high. If convicted, you face a vast array of severe penalties such as a lengthy prison sentence, steep fines, restraining orders, and paying restitution to the victim. Do not face these challenges alone, call Cobb Criminal Defense to speak with a local defense attorney near you! Servicing Northern Metro Atlanta including Bartow, Cobb, Cherokee, Fulton, Paulding County.

Don't face violent crime charges alone, call us now for a free consultation!