Family violence is serious offense. Also known as domestic violence, defendants charged with family violence are facing a trying, emotional ordeal. Once a claim against you has been made, police are obligated to arrest you, even if the claim is retaliatory after an emotional argument. An initial charge, although considered a “misdemeanor,” can carry punishment and consequences that can cost you your job, your gun rights, and will put a permanent taint on your record. Do not take a plea to any of these very serious charges without being represented by an attorney. Our team will investigate the facts of your case and defend your legal rights when you have been accused of a family violence charge. For a free initial consultation, contact the Alfred Law Firm today.

What is family violence?

Family violence is the physical, emotional, or sexual abuse of one party against another to which they have an intimate relationship. Family violence can be the abuse of a past or present spouse, a parent, step-parent, foster parent, a child, step-child, foster child, and even a roommate or former roommate. Family violence can be a number of acts, including:

• A felony
• Simple battery
• Battery
• Assault
• Unlawful restraint
• Stalking
• Criminal damage to property
• Criminal trespass

Protective Orders

If you have been accused of family violence, you will most likely be subject to the terms of a protective order. For most, it will start with a temporary one that can impact your life greatly. You could be barred from your home, kept from your children, and stripped of your rights to certain marital assets and even your guns. It is important to understand, there is little to be done about a temporary protective order but a hearing as to whether a TPO should become permanent is close behind. It is important to defend yourself, especially as a parent, because a protective order can impact many aspects of your life, including child custody.

Criminal charges

Aside from the civil charges described above, you could face a range of criminal charges for the act itself. Many of these acts, listed above, are misdemeanors or felonies. Depending on the situation, including whether a weapon was involved and who the victim is, a person convicted of family violence could face many years in prison, serious fines, restitution, and a permanent criminal record. It is imperative to hire an attorney that can effectively represent you, defending you zealously against a conviction.

Things to know about family violence in Georgia

There are a few things we find important to share about family violence that most do not consider. These include the following:

• You do not have to CURRENTLY live with the person for you to be charged with a family violence crime. If you have ever lived with that person, even if he/she was a roommate years ago, you can still be charged with family violence.
• It is not required that you have a romantic relationship with the person or have children together to be charged with family violence.
• A charge can be treated as family violence even if you have never lived with the person. If you have a child together, this can constitute a charge of family violence.
• Being charged with a second domestic violence battery against the same person or against another person can be a Felony!
• You can be charged with cruelty to children even if the child was in another room and had nothing to do with the incident for which you were arrested.
• If this is your first time, your attorney may be able to work your case so that the charge stays off your record or be reduced.
• Even if it is not your first charge, there are other ways for your attorney to negotiate your case to keep you from having long-term consequences from the charge.

Contact an experienced criminal defense law firm

If you have been charged with a crime that falls under the term family violence, it is imperative that you contact an attorney immediately. You need a strong defense strategy. In order to accomplish this, an attorney should investigate the facts of the crime and explore all defenses to free you from conviction. The Alfred Law Firm has over a decade of experience defending clients in and around Atlanta, Georgia. We are zealous advocates that work tirelessly and fight for our clients’ futures. For a consultation with an effective criminal defense attorney, contact the Alfred Law Firm.