Domestic Violence Arrests In Georgia: What You Need To Know
If you have been arrested for domestic violence in Georgia, you are likely feeling a mix of fear, confusion, and uncertainty about what happens next. I have represented many people in your position, and I know how quickly a misunderstanding, an argument, or a false allegation can lead to serious criminal charges. Under Georgia law, domestic violence charges carry both legal and personal consequences that can affect your freedom, your family, and your future.
Georgia does not take these cases lightly. Once an arrest is made, the case is in the hands of the prosecutor, not the alleged victim. That means even if the person who called the police later changes their mind, the prosecution can still move forward. Understanding your rights, the charges you face, and how to defend yourself is critical from the very first moment after your arrest.
How Georgia Law Defines Domestic Violence
In Georgia, domestic violence is not a single criminal charge but a classification of crimes committed between certain people. Under O.C.G.A. § 19-13-1, “family violence” refers to certain acts committed between past or present spouses, parents and children, stepparents and stepchildren, foster parents and foster children, or other people living or who have lived in the same household.
The law covers a range of offenses, including:
- Battery (O.C.G.A. § 16-5-23.1)
- Simple assault (O.C.G.A. § 16-5-20)
- Aggravated assault (O.C.G.A. § 16-5-21)
- Stalking (O.C.G.A. § 16-5-90)
- Criminal trespass (O.C.G.A. § 16-7-21)
- Criminal damage to property (O.C.G.A. § 16-7-23)
Notably, the statute excludes “reasonable discipline” administered by a parent to a child.
Mandatory Arrest Policies In Georgia
Georgia law has a mandatory arrest policy for family violence cases. If law enforcement officers have probable cause to believe a family violence offense occurred, they are required to make an arrest under O.C.G.A. § 17-4-20.1. This means that even if both parties are upset and neither wants the other arrested, the officers must act if they believe a crime happened.
Once the arrest is made, you will be taken into custody, and your case will be processed through the criminal court system. Bond may be set, but in some situations, particularly if the allegations involve serious injury, you may be held until you appear before a judge.
Criminal Penalties For Domestic Violence In Georgia
The penalties for a domestic violence conviction depend on the nature of the offense. For example:
- Simple battery is generally a misdemeanor but can carry up to 12 months in jail and a fine of up to $1,000.
- Aggravated assault can be charged as a felony, carrying a prison sentence of one to 20 years.
- Stalking can be a misdemeanor or felony, depending on prior convictions, with felony stalking carrying one to 10 years in prison.
In addition to criminal penalties, a conviction may result in mandatory counseling, loss of firearm rights under federal law, and difficulty finding employment or housing.
Protective Orders And No-Contact Provisions
After a domestic violence arrest, the court often issues a no-contact order as a condition of bond. This means you cannot contact the alleged victim directly or indirectly, even if they want to speak with you. Violating this order can result in additional charges and jail time.
Georgia law also allows victims to seek Family Violence Protective Orders under O.C.G.A. § 19-13-3. These civil orders can remain in place for up to a year and may restrict your ability to return home, see your children, or possess firearms.
Defending Against Domestic Violence Charges
Every domestic violence case is unique, but some common defenses include:
- Self-defense – Showing that you acted to protect yourself or another person from harm.
- False allegations – Proving the accusations were fabricated due to a dispute, jealousy, or custody battle.
- Lack of evidence – Demonstrating that the prosecution’s case cannot meet the burden of proof beyond a reasonable doubt.
An important point to remember: the state must prove its case, and you have the right to remain silent and to demand that they do so. Statements you make to police, prosecutors, or even on social media can be used against you.
The Long-Term Consequences Of A Conviction
The impact of a domestic violence conviction can extend far beyond jail time or fines. It can affect your parental rights, your ability to work in certain professions, your reputation, and your right to own firearms under federal law. In Georgia, domestic violence convictions cannot be expunged from your criminal record, which means the conviction can follow you for life.
Why You Need A Criminal Defense Attorney Immediately
Because Georgia has mandatory arrest laws and aggressive prosecution policies, you need to act quickly after a domestic violence arrest. We work to protect your rights from the very start, challenging the prosecution’s evidence, negotiating for reduced charges, and fighting for dismissals whenever possible.
Early legal representation can also help in modifying bond conditions, gathering witness statements, and preserving evidence that could be critical to your defense.
Georgia Domestic Violence Charge Frequently Asked Questions
What Happens After A Domestic Violence Arrest In Georgia?
After your arrest, you will be booked into jail, and a bond will be set by a judge. The court may issue a no-contact order preventing you from contacting the alleged victim. Your next steps will depend on the specific charges and the court’s scheduling.
Can The Victim Drop The Charges?
No. Once the arrest is made, the decision to proceed rests with the prosecutor. The victim’s wishes may be considered, but they do not control the case.
Will I Lose My Gun Rights If Convicted?
Yes. Federal law prohibits those convicted of misdemeanor crimes of domestic violence from possessing firearms. This is in addition to any state restrictions.
Can I Return Home If I Am Under A No-Contact Order?
Not unless the court modifies the order. Violating a no-contact order can result in additional criminal charges.
What Is The Difference Between A Family Violence Protective Order And A Criminal Case?
A Family Violence Protective Order is a civil action meant to protect the alleged victim, while a criminal case is prosecuted by the state to punish an alleged offense. Both can occur at the same time.
Can I Be Charged Even If I Didn’t Hit Anyone?
Yes. Georgia’s domestic violence laws cover threats, harassment, stalking, and property damage, in addition to physical harm.
Do I Need A Lawyer If I Plan To Plead Guilty?
Absolutely. Even if you intend to plead guilty, an attorney can negotiate for reduced penalties, ensure your rights are protected, and explore alternative sentencing options.
How Long Does A Domestic Violence Case Take In Georgia?
It depends on the complexity of the case, the court’s calendar, and whether the case goes to trial. Some cases resolve in a few months, while others take a year or more.
Call The Mazloom Law Firm Free A Free Case Review
If you have been arrested for domestic violence in Georgia, you need experienced legal representation to protect your rights and your future. At The Mazloom Law Firm, LLC, we defend clients in Marietta, Atlanta, and throughout Cherokee, Clayton, Cobb, DeKalb, Douglas, Fayette, Forsyth, Fulton, Gwinnett, Henry, and Rockdale counties.
To receive a free consultation, contact our Marietta criminal defense attorney at The Mazloom Law Firm, LLC, by calling 770-590-9837. We are ready to stand by your side and fight for the best possible outcome in your case.
