You had an argument with your spouse, significant other, or another family member who lives with you. Harsh words were said in the heat of the moment, and tempers flared—it either got physical or one party is claiming that it got physical. Maybe someone is making up false charges out of jealousy, to gain leverage in a pending or about-to-be pending divorce, or to influence the outcome of a child support or visitation matter.
Either way, you now find yourself under arrest, and you’re facing accusations of domestic violence. You may have even been served with a Georgia Temporary Protective Order. One thing is for sure with these types of charges: no one is trying to hear your side of the story. You are now seen as a domestic abuser, and the courts are 100% worried about your accuser's safety and not at all with hearing your side of the story. You may have to leave your home. You may not be able to see your kids. Your troubles are just beginning.
The Stakes Couldn't Be Higher
Being charged with Domestic Violence in Georgia can have a devastating impact on your freedom, your job, your family, and your future. This may sound dramatic, but the gravity of your situation can’t be overstated or exaggerated. Don’t make the mistake of believing this is just a misdemeanor. The stakes are completely different, and you’re about to be put through a grinder that is the criminal justice system and how it deals with domestic abuse cases. That’s why my firm is here. To help protect you and your legal rights and to get you through this difficult situation.
You’ll hear or read terms like “Cycle of Violence” and “Family Violence Intervention Program.” Every single one of your past interactions with a partner will now be viewed through the prism of domestic violence. Those interactions will be seen by a prosecutor, or worse, a judge, as attempts to exert power over, isolate, damage self-worth, and keep your partner under your influence.
Domestic violence accusations will turn your life upside down. All of a sudden, you’re looked at differently by people you thought were your friends. Guilty beyond a reasonable doubt is a standard of proof reserved for trial. In the public eye, you’ll quickly learn that you have lost the benefit of the doubt, and now you’re starting to realize that not only is your freedom in jeopardy, but so is your career, your reputation, and your future. Even your rights to spend time with your children and stay in your own home are now hanging in the balance.
By now, hopefully, you’re starting to understand how serious domestic violence charges are.
What’s another consequence of a domestic violence conviction? No guns. That’s right; if you end up being convicted of a domestic violence charge or take a plea to a domestic violence charge, then Federal Law prohibits you from owning or possessing a firearm or a single round of ammunition. Say goodbye to hunting or shooting at the gun range. That would now be a federal offense.
Understanding Domestic Violence in Georgia
Georgia defines domestic violence, or family violence, as a specified criminal act committed between family or household members. Domestic violence cases can vary from misdemeanors such as battery, assault, and stalking to serious felonies like aggravated assault, aggravated battery, kidnapping, or aggravated stalking. Following are some of the most common domestic violence charges I see in my practice:
- Violation of a Temporary Restraining Order
- Aggravated Assault
- Aggravated Battery
- Aggravated Stalking
- False Imprisonment
When the Victim Doesn't Want to Prosecute
There was a time when charges of domestic violence would be dropped because the parties either reconciled, the victim didn’t show up in court, or the victim wrote an affidavit stating they did not want to prosecute. Thanks to relatively recent changes in the law, the now-common use of police bodycam footage and increasingly harsh domestic violence laws, Georgia prosecutors can move forward with an uncooperative witness and continue to prosecute you even if the alleged victim does not wish to go forward. You’ll quickly learn that you’re being prosecuted by the State of Georgia, not the alleged victim.
One Mistake Does Not Have to Ruin Your Life…Contact Brian Hobbs Law Today
Are you facing potentially life-altering domestic assault and battery charges? Did a judge grant a temporary protective order against you? Whether you’ve made some mistakes or have been falsely accused and charged, you have too much at stake to risk going it alone. Brian Hobbs Law can help. We come alongside you and provide expert and compassionate defense and help you in the process of facing criminal charges. We’ve handled a variety of different domestic violence cases. We know that sometimes small things can get blown out of proportion very quickly. It’s vital for your future to take the right next steps.
Start taking back control of your life. Contact us today to schedule your free Domestic Violence Criminal Defense Strategy Session. Your life and future are too valuable to risk to chance.