The Law Offices of Robert L. Booker Articles Domestic Violence Laws in Georgia

Domestic Violence Laws in Georgia

By Law Offices of Robert L. Booker  Oct. 20, 2011 1:10p

In Georgia, domestic or family violence is not a crime but a general label for various crimes which are committed against family or household members by another household member. These crimes include simple assault, assault, simple battery, battery, stalking, damage to property, unlawful restraint, criminal trespass, or any felony. Those involved in family violence can include spouses, ex-spouses, persons who have a child in common, whether married or not, parents, children, stepparents, stepchildren, foster parents, foster children, and others living in the same residence or who have formerly lived there.

In cases of family violence, where you are charged with assault, for example, you face a much more serious penalty when the victim is a family member. Simple assault or battery against a victim who is not considered family is punishable by up to one year in prison and a $1,000 fine. When that victim is a family member, the penalties include up to one year in prison and $5,000 in fines. Aggravated assault or battery against an individual who is unrelated to you may be punishable by one to 20 years in prison. When that individual is a family member, you face a prison term of 3 to 50 years in prison, depending on the circumstances.

Further consequences of a family violence criminal charge can result in a protection order by the courts which can force you to move out of a shared residence, cease contact with the victim and/or any children, lose custody of your children, and require you to pay alimony and child support. If you violate a court-ordered protective order, you can be charged with a misdemeanor punishable by further fines and incarceration.

Criminal Defense of Family Violence Charges

Charges pertaining to family violence are among the highest number of cases to be dismissed because of the "he-said, she-said" factor. Many cases are based on false accusations made out of jealousy, revenge, or resentment in divorce and child custody battles. Often, alleged victims recant their accusations only to find that they cannot stop the legal machine. That is why, if you are accused of a domestic violence crime, you need an experienced and aggressive attorney who understands how to defend you. In Gwinnett County, you can find a Lawrenceville criminal defense attorney at the Law Offices of Robert L. Booker who has the experience, skills, and knowledge to be effective in fighting such charges.

Contact the Lawrenceville domestic violence attorney from our legal team if you are facing family violent criminal charges today.

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