Family Violence

Never face a family violence charge without representation. In addition to substantial fines, community service, expensive anger management or family violence intervention classes and potential jail time, a conviction for domestic violence in Georgia can result in the permanent loss of your right to possess a firearm under the federal provisions of 18 U.S.C. § 922(g)(9); 18 U.S.C. §§ 921(a)(33), 924(a)(2), 925(a)(1); 27 C.F.R. §§ 178.11, 178.32.

Immediately upon an arrest for a charge of family violence, contact a qualified attorney. You will be brought before a judge between 48 to 72 hours and the amount of your bond can be dependent on many factors. The judge also has the right to impose a "no contact" provision as a condition of your bond. A "no contact" provision could force you to leave your home and prevent any communication with the alleged victim. This type of provision can only be modified by a judge. Therefore, even if the alleged victim wants to have contact with you despite the judge's order, your bond can be revoked. In addition to your bond being revoked, you can also be arrested with additional misdemeanor or felony charges such as Violation of a Family Violence Order, Stalking, or Aggravated Stalking. (O.C.G.A.§§16-5-90, 16-5-91, 16-5-95).

There are many misconceptions regarding family violence charges. Contrary to popular belief, the alleged victim cannot choose to drop the charges against an alleged abuser. Once an arrest is made, the prosecutor will more than likely elect to proceed forward with formal charges. Another misconception is that a husband or wife cannot be forced to testify against their spouse. As of January 1, 2013, Georgia's new evidence code eliminates the marital privilege in domestic cases. This means the state can force you to testify against your spouse whether you want to or not. Also, family violence charges are not just between husband and wife. The Georgia Code dictates that a family violence charge can result between "past or present spouses, persons who are parents of the same child, parents and children, stepparents and stepchildren, foster parents and foster children, or other persons living or formerly living in the same household" (O.C.G.A. §§16-5-20 through 16-5-24).

Cases of this nature can be handled in a manner that prevents a conviction for family violence from following you for the rest of your life. Under the right circumstances these charges can be completely dismissed if your attorney is experienced in handling domestic violence cases. Our firm is highly skilled in defending individuals who have charges of this nature.