We help people in their teens and twenties navigate family violence charges in the criminal justice system. If you or a loved one has been charged with family violence in Smyrna, GA, or any of the surrounding areas, contact our office immediately to get help.
What Georgia Law Defines as Family Violence
Under Georgia law (O.C.G.A. § 19-13-1), family violence is defined as the occurrence of certain acts between specific related individuals, including:
- Past or present spouses
- Persons who are parents of the same child
- Parents and children
- Stepparents and stepchildren
- Foster parents and foster children
- Other persons living or formerly living in the same household (including roommates)
The acts that constitute family violence when committed against these individuals include:
- Any felony
- Battery or simple battery
- Simple assault or assault
- Stalking
- Criminal damage to property
- Unlawful restraint
- Criminal trespass
It’s important to note that Georgia law specifically excludes “reasonable discipline administered by a parent to a child in the form of corporal punishment, restraint, or detention” from the definition of family violence.
Many young adults don’t realize that arguments or conflicts with roommates, dating partners, or family members can quickly escalate to family violence charges, even if there was no intent to cause harm.
What Many People Don’t Know About Family Violence Charges in Georgia
Family violence cases in Georgia have unique characteristics that set them apart from other criminal charges:
Mandatory Arrest Policies
In many cases, police officers are required to make an arrest when responding to family violence calls, even if the alleged victim doesn’t want to press charges or the situation has already de-escalated.
Prosecution Without Victim Cooperation
Prosecutors can and often do pursue family violence cases even when the alleged victim doesn’t want to cooperate or requests that charges be dropped.
Temporary Protective Orders (TPOs)
Family violence charges often come with protective orders that can restrict where you can go, who you can contact, and even where you can live while your case is pending.
Enhanced Penalties
Family violence versions of charges like battery often carry enhanced penalties compared to the same offense committed against a non-family member.
Facing family violence charges in Smyrna or one of the neighboring areas? Time is not on your side. It’s time to act now. Contact us today.
Common Scenarios Leading to Family Violence Charges for Young Adults
- Roommate Disputes: Arguments between roommates that escalate to physical contact or property damage can result in family violence charges, as roommates fall under Georgia’s definition of household members.
- Dating Relationship Conflicts: Disagreements between dating partners, especially if they have lived together at any point, can lead to family violence charges.
- Parent-Child Conflicts: Young adults still living with parents or who have recently moved back home can face family violence charges after conflicts with parents.
- Co-Parenting Issues: Young parents may face family violence charges during disputes over child custody or visitation.
- Misunderstandings and False Accusations: Sometimes family violence charges stem from misunderstandings or even false accusations during emotionally charged family situations.
For many young adults, these incidents represent momentary lapses in judgment rather than patterns of abusive behavior. Our legal team understands this and works to ensure that a single incident doesn’t define your future.
Potential Consequences of Family Violence Convictions
A family violence conviction can affect various aspects of your life:
- The creation of a criminal record
- Potential jail time or probation
- Impact on child custody and visitation rights
- Restrictions on firearm possession
- Mandatory anger management or family violence intervention programs
- Protective orders that may restrict where you can go and who you can contact
For young adults, these consequences can be particularly disruptive during a formative period of life.
Our Team’s Approach to Family Violence Defense
When you work with our Smyrna family violence defense team, we start by learning:
- Where you are in life right now
- What your plans are for your future
- Your specific goals for this case
- How this situation could impact your life
Our Defense Strategies Often Include:
Thorough Investigation
- Examining the context of the alleged incident
- Identifying potential witnesses
- Reviewing any photographic or video evidence
- Analyzing police reports for inconsistencies or procedural errors
Exploring Legal Defenses
- Self-defense
- Defense of others
- Lack of intent
- Mutual combat
- Mistaken identity
- Constitutional violations in evidence collection
Developing Mitigation Strategies
- Demonstrating that the incident was isolated and not part of a pattern
- Showing steps taken to address any underlying issues
- Presenting character evidence and support from community
Negotiating Alternative Resolutions
- Pre-trial diversion programs
- Reduced charges
- First offender protection
- Anger management or counseling in lieu of traditional penalties
Our team recognizes that family violence cases often benefit from a combined approach. While we’re prepared to fight the charges aggressively when necessary, we also focus on mitigating potential impacts on your life.
This might include:
- Working to have charges reduced or dismissed
- Negotiating modifications to protective orders that allow you to continue your education or employment
- Advocating for alternatives to incarceration
- Developing a strategy that addresses the court’s concerns while protecting your future opportunities
Why Choose Our Firm for Your Family Violence Defense
Our firm focuses specifically on defending people in their teens and twenties because we understand the unique challenges they face in the legal system.
When it comes to family violence charges, clients choose us because:
- We understand the emotionally charged nature of family violence allegations
- We have specific experience with Smyrna courts and prosecutors
- We recognize that these charges often arise from complex family dynamics
- We develop personalized strategies based on each client’s unique goals
- We consider how the case affects your current situation and future plans
Take the Next Step — Learn How We Can Help With Your Family Violence Case
If you or someone you care about is facing family violence charges in Smyrna, contact our legal team to see if we can help. Meet with a member of our team to learn what your best next steps are.
The prosecution is already building their case. Don’t wait to get help. Take the next step to protect your future. Contact our office now to get started.
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