Trusted domestic violence lawyer
Do you need legal help defending yourself against domestic violence allegations? Contact Conoscienti and Ledbetter in Atlanta for assistance!
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 May 25, 2023. Update on: September 26, 2023.
Speak with experienced domestic violence lawyer today, for free.
Your Domestic Violence Attorney in Decatur, GA
Most people misinterpret domestic violence as physical fights between spouses. However, domestic violence is any form of assault, battery, stalking, unlawful restraint, criminal damage to family property, criminal trespass, or any felony committed by one family member against another, according to Georgia’s family violence laws.
Dealing with a domestic violence charge in Decatur, Georgia, can be difficult. To avoid or minimize the consequences of a domestic violence conviction, you may need an experienced domestic violence attorney. Our criminal defense lawyers at Conoscienti and Ledbetter LLC can assist you in reducing the charges and outlining a suitable defense strategy for your case.
How Does Domestic Violence Law Work in Decatur, GA?
Georgia has strict family violence laws and takes domestic violence charges seriously. Individuals facing such charges might face civil restrictions before their conviction, including temporary restraining orders and removal from the family house to prevent any contact with the victims.
Depending on the nature of the alleged abusive act, the offender can face a misdemeanor or felony charge, leading to severe penalties. Domestic violence may involve physical abuse, harassment, or damage to an individual’s emotional health and financial security.
Georgia domestic violence laws consider the following offenses as forms of domestic violence:
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Criminal damage to personal property
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Stalking, which includes surveilling, following, harassing, or contacting another person in a threatening or intimidating way
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Unlawful restraint, such as kidnapping or physically restraining an individual from leaving their home
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Illegal trespass by intentionally preventing an individual from using their property or possessions
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Simple battery, such as touching another person in a provoking or insulting way or causing physical harm
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Battery which is intentionally causing substantial physical harm to an individual
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Simple assault, i.e., attempting to cause significant injury to an individual
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Aggravated assault, i.e., an attempt to rob, murder, or rape another person while using a weapon such as a firearm, knife, or other objects
These offenses will be prosecuted as domestic violence if they involve:
- Present or past spouses
- Stepparents and stepchildren
- parents and their children
- Foster parents and foster children
- People living in the same household
- Parents of the same child
Speak with trusted domestic violence lawyer today, for free.
Decatur Domestic Violence Court Process
Domestic violence cases are often emotionally charged and may involve children. The court process takes that and the victims’ safety into consideration.
The court process of domestic violence cases in Decatur, GA, goes as follows:
Pre-trial Proceedings
Before the trial, the prosecution will assess the defendant’s eligibility for a bond to be released from jail while waiting for trial. They will also determine the bond conditions which the defendant must not violate. Bond conditions can include a “no contact” rule and child support.
The prosecuting attorney may base their bond decision on the following case details:
- Whether there is a history of abuse
- The severity of the current offense
- If there was the use of weapons
- If the defendant was under substance abuse
- If there are death threats
- If the victim is afraid of the defendant
Other pre-trial proceedings may include temporary protective orders, bond revocations, and motions.
Preliminary Hearings
During the preliminary hearing, the prosecution will make their case in court and present their evidence. The domestic violence victims may also testify in this hearing if they wish.
Trial
When a domestic violence case goes to court, the prosecutor should inform the victims or their witnesses about the trial date and their responsibilities concerning the case. The following details and events may take place during the trial:
- Victims testimony
- Spousal immunity
- Medical records
- Child witnesses
- Other witnesses
- Cross-examination of defendant
- Rebuttal
- Jury charges
Sentencing
The sentence in domestic violence cases must consider the victims’ best interest. That’s why the State of Georgia encourages incorporating work programs and long-term counseling as part of the sentence when appropriate.
Impact on Domestic Violence Victims
Experiencing domestic violence can have profound and long-lasting effects on victims, affecting their mental, emotional, and physical health. Victims may live in constant fear and anxiety, leading to stress-related health issues like insomnia, depression, and post-traumatic stress disorder (PTSD). They may also face physical injuries, ranging from minor bruises to severe trauma, depending on the severity of the abuse.
Moreover, domestic violence can have economic implications for victims. It might lead to job loss due to absenteeism or loss of productivity, creating financial instability. Victims may also face social isolation as they may be cut off from friends and family, leading to feelings of loneliness and despair.
In the Atlanta area, victims have access to various resources that provide legal help and support services. Our team at Conoscienti and Ledbetter LLC is committed to guiding you through the complexities of civil litigation related to domestic violence, ensuring that your rights are upheld and that you receive the justice you deserve.
Don’t delay. Schedule a consultation today, for free.
Possible Domestic Violence Penalties in Decatur, Georgia
The potential penalties for a domestic violence conviction in Decatur, GA, can include the following:
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Imprisonment of up to 12 months for a misdemeanor or up to five years for a felony charge
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Fines up to $1,000 for misdemeanors or $5,000 for felonies
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Restitution payment to the victim
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Possible participation in diversion programs
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Mandatory anger management classes
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Loss of rights to firearms
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Loss of parental rights
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Possible restraining or protective order
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Possible immigration consequences such as deportation
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Permanent criminal record
Possible Defense for Domestic Violence Charges
An experienced domestic violence lawyer in Decatur, GA, can fight domestic violence charges using the following arguments:
Challenging Insufficient Evidence
A proficient attorney can argue that the prosecution lacks substantial evidence to prove the defendant’s guilt. This could include a lack of physical proof, witness testimonies, or other corroborating evidence such as video footage or photographs. It’s crucial that the prosecution convincingly demonstrates the crime was committed beyond a reasonable doubt.
Exposing Inconsistencies in Victim’s Accusation
An effective defense may involve highlighting inconsistencies or contradictions in the victim’s narrative. Any discrepancies in the victim’s statements, especially if they differ from the initial police report, can raise doubts about the validity of the accusations.
Dealing with an Uncooperative Victim
Sometimes, the victim may become uncooperative, refusing to testify or retracting their statement. While this doesn’t automatically dismiss the case, it can significantly weaken the prosecution’s stance.
Persuading Prosecution to Drop Charges
In some cases, if the victim persuades the prosecution that they no longer wish to press charges, the case could be dropped. This, however, depends on the prosecutor’s discretion and the specifics of the jurisdiction.
Negotiating a Settlement Outside Court
Another possible defense strategy is negotiating an out-of-court settlement. This could involve plea bargaining, counseling, or rehabilitation programs. It’s generally used when the defendant acknowledges some guilt but seeks a reduced sentence.
What Is the Role of Decatur Domestic Violence Lawyers?
A domestic violence allegation can cause long-lasting and distressful consequences. A domestic violence conviction could lead to jail time and fines but may also cost you your parenting privileges, house, and career.
Criminal defense lawyers familiar with Georgia domestic violence laws can assist defendants facing domestic violence charges in Decatur.
Domestic violence cases arise because of spousal abuse allegations. However, they can sometimes result from false allegations to gain alimony, child custody, or property. Your divorce attorneys can disprove false domestic violence allegations by explaining the background and purpose of the conflict.
On the other side, victims of domestic violence can suffer from physical, mental, and financial problems. Domestic violence attorneys can make sure you get the justice you deserve.
In addition, your attorney can help you seek a protective order to restrain your abuser from contacting you. They can also advise on legal options and give insights into how domestic violence can affect other matters, such as child support and custody.
Contact Conoscienti and Ledbetter LLC Domestic Violence Attorneys
Domestic violence is a serious crime. If you are arrested or charged for domestic violence in Decatur, consider the services of our domestic violence lawyers at Conoscienti and Ledbetter, LLC.
Our domestic violence attorneys handle, review, and investigate domestic violence cases and provide those affected with the necessary legal counsel. Our criminal defense attorneys have experience in related practice areas such as divorce, criminal law, family law, and DUI defense. Contact Conoscienti and Ledbetter LLC today to schedule a free consultation.
Frequently Asked Questions
How Much Does a Domestic Violence Lawyer in Georgia Charge?
In most cases, attorneys charge an hourly rate, and their fees differ depending on the crime, the complexities involved, and the practice area. Schedule a free consultation with our family lawyers today to see how much our services will cost.
What Is the Statute of Limitations on Domestic Violence in Decatur, Georgia?
Georgia has a two-year statute of limitations on domestic violence for criminal cases and four years for civil cases.
Decatur Office
(404) 373-5800
315 W Ponce de Leon Ave. Suite 400 Decatur, GA 30030
