Domestic/Family Violence Charges
What are domestic/family violence charges?
Georgia uses the term “family violence” instead of domestic violence. In the criminal context, it is an additional element that the state must allege and prove, but it comes along with a sentencing enhancement. This enhancement is only available for certain cases in which the statute provides for the enhancement. In the civil context, family violence is used as a basis for Temporary Protective Orders (TPO), and includes any felony or battery, simple battery, simple assault, assault, stalking, criminal damage to property, unlawful restraint, or criminal trespass.
In both circumstances, family violence includes to crimes committed against:
current spouse
previous spouse
the other parent of your child, regardless of relationship status
parents
step parents
foster parents
children
step children
foster children
anyone living in your house
anyone who you have previously lived with
Since we handle criminal matters at Kolbo Criminal Defense, LLC, we’re really concerned with the additional element and sentencing enhancement on specific crimes. As you can see, the statute’s definition of family is very broad, including people you don’t have any marriage or blood ties to, if you lived together.
How important is the Family Violence tag on?
The family violence tag-on can be important for a variety of reasons. For example, a battery that has the family violence enhancement will generally result in the judge ordering the completion of the Family Violence Invervention Program, which is very long class with unforgiving administrators. Additionally, the 2nd battery with a family violence enhancement is a felony instead of a misdemeanor. So, if someone goes out every weekend and gets into a brawl with a different person at a bar, those would generally all be misdemeanor batteries (assuming nothing gets out of hand), but if someone gets into fist fights with their deadbeat and rude step-dad every Thanksgiving, it turns into a felony after the first time.
Beyond that, a conviction of a family violence charge results in a curtailing of your second amendment right to bear arms. It is federal crime for someone convicted of a crime of family violence to possess a firearm.
What defenses are available for family violence charges?
Our criminal defense attorney, Thayer, has handled many domestic/family violence charges. He has gotten client’s cases dismissed and reduced for a variety of domestic/family violence charges.
These types of incidents are usually very chaotic, and highly charged situations. Additionally, there is almost always a backstory. Thayer will do the necessary work to make sure that the prosecution, and potentially the jury, know the full story.
Prior difficulties - Tell the whole store, including other instances of domestic/family violence where the alleged victim was the aggressor. This can help explain any questionable actions taken that make sense if you know the full story. Additionally, it can explain why the alleged victim would makeup the incident, or lie about how it started.
Self defense - Just because they lost the confrontation, doesn’t mean that they didn’t start it. You are allowed to defend yourself, and Thayer knows when, and how, to raise those issues persuasively.
Not family violence - sometimes police charge something as family violence without fully investigating whether it actually qualifies under the statute. Thayer knows the law, and will do the necessary factual investigation to make challenge the state’s enhancement.
What domestic/family violence charges do we handle?
Stalking
False Imprisonment
Aggravated Assault (Family Violence)
Aggravated Battery (Family Violence)
Battery (Family Violence)
Assault (Family Violence)
Aggravated Stalking
Criminal Damage to Property
Terroristic Threats
Sexual Assault
Cruelty to Children
Criminal Trespass (Family Violence)