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Domestic abuse accusations carry harsh penalties, including incarceration. An Atlanta domestic violence attorney from Conoscienti and Ledbetter could represent you. Book an appointment now!
Author: J. Blake Ledbetter, Partner, Conoscienti & Ledbetter
Mr. Ledbetter specializes in civil litigation in metropolitan Atlanta, Georgia, and possesses vast experience in wrongful death lawsuits. Mr. Ledbetter was recognized as a SuperLawyers Rising Star in 2018 and 2019 in the area of Civil Litigation. Published on April 18, 2023.
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Are You Faced with Domestic Abuse? Contact an Experienced Domestic Violence Attorney
Domestic violence is a devastating and widespread issue affecting millions in the United States annually. In Atlanta, these cases are taken extremely seriously, and the consequences for the accused can be severe.
Recent shocking domestic violence statistics reveal that one in four women and one in nine men experience severe intimate partner physical violence in their lifetime, highlighting the urgent need for effective legal solutions.
Hence, the punishment for domestic abuse crimes is harsher than for crimes committed by strangers or individuals with no personal or domestic ties.
Contact domestic violence attorneys at Conoscienti and Ledbetter if you are facing a domestic violence charge.
What Is the Law for Domestic Violence in the US?
Domestic violence is a serious crime in the United States, and each state has its laws and definitions. Generally, it is defined as the physical, emotional, or sexual abuse or threats of abuse between people with close or intimate relationships.
According to Georgia law, domestic violence involves violence perpetrated against a household member, such as a spouse, partner, parent, child, or sibling. It can occur between people living in the same household or those who have lived together previously.
Many states have specific domestic violence laws that criminalize behavior such as physical assault, stalking, and harassment within the context of a domestic relationship. These laws provide legal protection to victims and can result in criminal charges, fines, and imprisonment for abusers.
In addition to criminal penalties, victims of domestic violence in the United States may be able to seek civil protection through restraining orders or orders of protection. The orders can require abusers to stay away from the victim and provide legal recourse if the abuser violates them.
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Punishment for Domestic Violence in Georgia
Acts of domestic violence are punishable under Chapter 5 of the Georgia Criminal Code. These include:
- Simple Assault or Battery: May result in a year in jail and a $5,000 fine if committed against a spouse, parent, child, or intimate partner.
- Aggravated Assault or Battery: The penalty ranges from five to 20 years in prison for domestic violence that involves the use of a weapon, the intent to commit rape or murder, or causes serious bodily harm.
- False imprisonment or kidnapping: Detaining or confining a person against their will can lead to 10 years or more in prison.
Violent acts are not limited to these alone and may be enhanced according to specific circumstances. To understand the nature of the charges against you and the possible punishments, speak with a seasoned violent crimes lawyer.
Getting a Domestic Violence Case Dismissed in Georgia
There are several legal strategies that Atlanta domestic violence lawyers can employ to have your case dismissed, depending on the specific facts and circumstances of your case. These include the following:
- Your lawyer may do is challenge the validity of witness statements or evidence presented against you and argue that the prosecution lacks enough evidence to prove you committed the alleged crime.
- Your attorney may also be able to negotiate a reduced charge or sentence of domestic violence through plea bargaining.
- If child custody is a concern in your domestic violence case, your lawyer can also provide legal advice on handling this matter.
What Is the Statute of Limitations for Domestic Violence in Georgia?
Acts of domestic violence can be classified as misdemeanors or felonies. In cases of domestic violence misdemeanors, like a simple battery or simple assault, the law typically allows for two years from the date of the offense before the statute of limitations expires.
If domestic violence is considered a felony, like aggravated assault or aggravated battery, the law generally allows for four years from the date of the offense before the statute of limitations expires.
Don’t delay. Schedule a risk-free consultation today, for free.
Temporary And Permanent Protective Orders
The Family Violence Act in Georgia provides additional protections for victims of domestic violence. Under the Family Violence Act, victims of domestic violence can obtain a protective order against their alleged abuser.
A protective order is a crucial legal protection that can be granted either temporarily or permanently. They prevent the respondent from harassing, stalking, or endangering the petitioner’s physical safety. Generally, temporary protective orders expire after six to twelve months. They may, however, be extended for up to three years in some circumstances.
A protective order violation can result in criminal penalties, including up to 12 months in jail, fines of up to $1000, and a contempt of court citation. Additionally, violating a protective order can be used as evidence in a domestic violence case.
Steps to Take if Accused of Domestic Violence in Atlanta
If you are facing domestic violence charges in Atlanta, GA, it’s crucial to take immediate and informed steps.
Firstly, it is important to seek legal counsel from an experienced Atlanta domestic violence attorney. By getting yourself familiarized with the information, you can make better informed decisions.
Lega guidance is vital in navigating the complexities of family violence charges, especially in cases involving intimate partner violence, child support issues, or a divorce settlement.
Your attorney will help you understand your rights and the legal process ahead of time.
Comply with any temporary protective orders issues against you. Violating these orders can aggravate your situation. Avoid direct or message contact with the alleged victim or other party involved in the case.
Instead it is best to communicate through your domestic violence lawyer. If ou belive you are falsely accused, gather evidence that supports your claim.
his includes any communication records, witness statements, or other relevant documentation. Discuss with your attorney how this evidence can be used in your defense.
If self-defense is part of your case, provide your lawyer with detailed information about the incident. Your attorney can assess if this constitutes probable cause for your actions.
Evidence Crucial in Building a Strong Defense in Atlanta
In Atlanta, building a robust defense against domestic violence charges requires comprehensive evidence. Crucial evidence often includes:
- Witness Statements: Testimonies from individuals who can provide an account of the alleged incident or character references.
- Communication Records: Texts, emails, or any message contacts that may shed light on the relationship dynamics or specific incidents.
- Medical Records: If self-defense is claimed, medical records can support your account of events.
- Alibis: Evidence proving your location at the time of the alleged incident can be pivotal.
- Documentation: Any legal documents related to child support, divorce settlements, or previous incidents involving the alleged victim can provide context.
- Photographic or Video Evidence: Visual evidence can be compelling, especially in cases where physical injuries or property damage are involved.
- Expert Testimonies: In some cases, psychologists, social workers, or other professionals can provide insights into the dynamics of the relationship or the mental state of the parties involved.
An Atlanta domestic violence attorney will help in identifying and collecting the necessary evidence and will advise on how to use this evidence effectively in your defense strategy.
Each domestic violence case is unique, and the evidence required will vary depending on the circumstances. Therefore, it’s essential to work closely with your domestic violence lawyer to build a tailored defense strategy.
CONTACT ATLANTA DOMESTIC VIOLENCE ATTORNEYS AT CONOSCIENTI & LEDBETTER, LLC
Domestic violence charges are serious and can have severe consequences for the accused. They can result in losing custody or visitation rights, jail time, and a permanent criminal record.
Conoscienti and Ledbetter’s Atlanta lawyers understand the sensitive nature of domestic violence cases and are committed to providing compassionate and effective representation to you.
Our experienced domestic violence attorneys are well-versed in Georgia’s domestic violence laws and can help you understand your legal options, including temporary and permanent protective orders.
Contact us at Conoscienti and Ledbetter today to schedule a consultation with one of our experienced domestic criminal defense lawyers.
Decatur Office
(404) 373-5800
315 W Ponce de Leon Ave. Suite 400 Decatur, GA 30030
