What Should I Know if I’m Charged with Burglary in Georgia?
Free Case Evaluation
(404) 806-7669
There are few charges more damaging to a family and a reputation than those involving domestic violence. In Georgia, this is formally referred to as family violence, and if you’ve been wrongfully charged, you cannot wait another day to retain the services of a knowledgeable Cobb County domestic violence lawyer. Attorney Miller has effectively handled countless misdemeanor and felony domestic violence cases in the past, and he is ready to do the same for you. Contact the Miller Law Practice, LLC today so we can get started.
If you are currently facing domestic violence charges, your reputation and your future are on the line. These accusations are especially heinous and, as a result, can leave a permanent stain on your criminal record. This can not only impact future employment opportunities, but also where you live, custody, and even your right to own a firearm.
At Miller Law Practice, our team has experience representing those charged with misdemeanor or felony domestic violence offenses throughout Cobb County, including Marietta, Smyrna, Kennesaw, and Powder Springs.
There is a common misconception that only acts of violence between those in a romantic relationship are considered domestic violence. In reality, under the law in Georgia, there is a wide array of relationships and acts that can be considered domestic violence.
Under GA Code § 19-13-1, Georgia does not use the term domestic violence, but rather family violence. Additionally, domestic violence is not a standalone crime, but rather this crime exists under other, general crimes. Typically, these offenses will be characterized as “involving family violence” due to the relationship. Generally, this charge applies to acts committed against:
It’s important to understand that these crimes, depending on the severity level, offense act committed, and prior offenses, can be charged as felony or misdemeanor crimes.
If you have been accused of domestic violence, understanding how these cases progress and what you can expect when navigating the court system is critical. Regardless of what city your arrest occurred in, if you are in Cobb County, whether it’s Mabeton or Acworth, you will remain under its court jurisdiction. These cases will follow the same procedure regardless of the municipality where the alleged crime occurred.
In Cobb County, most domestic violence cases begin with a 911 call, whether from someone in the home, the victim themselves, or a neighbor hearing a commotion. When the police arrive, they may have probable cause to place the alleged perpetrator under arrest, even if they do not have a warrant. The alleged perpetrator may be held in jail until your bond hearing in front of a judge.
It’s important to understand that, even if the alleged victim does not wish to press charges, the police may still be required to make an arrest if there is probable cause of domestic violence. This is because the prosecution, representing the state of Georgia, controls the case, not the alleged victim.
Generally, cases begin in the Cobb County Magistrate Court, where the bond conditions are typically set before moving to the Superior Court for prosecution. It’s important to obtain legal representation early, as these conditions can impact you for the duration of your case.
Additionally, the judge assigned to the case may order temporary no-contact conditions, and a violation can result in an immediate re-arrest.
In most instances, a first offense domestic violence charge will result in a misdemeanor. However, it’s necessary to understand that this can still carry significant consequences and have a permanent impact on your future.
In Georgia, most first-time family violence offenses are charged as a misdemeanor when there is no prior history and no serious bodily injury. As such ,a misdemeanor domestic violence offense can result in:
Generally, if you are charged with a domestic violence offense for a second or subsequent time, it will be charged as a felony. This is true even if the conduct or act of violence itself typically warrants a misdemeanor offense otherwise. Typically, a felony carries:
Many cases of domestic violence in Cobb County involve family violence protective orders (FVPOs). These are ordered by the civil court and can affect many aspects of your life, like housing, parenting time, and the ability to defend yourself against these charges.
A family violence protective order can be issued in domestic violence cases, as it intends to severely limit contact between the alleged perpetrator and the alleged victim. These may typically require:
Protective orders are often issued when charges are filed, and typically only last 30 days as they are intended to provide immediate protection. However, the court may issue a final restraining order after a court hearing that can last up to 12 months.
If you have a family violence protective order against you, you are legally obligated to abide by the terms of that protective order. Penalties for violating the order include:
In Georgia, you may challenge the charges against you depending on the circumstances of your case.
The most common defense against a domestic violence charge is to prove that you were standing your ground and acting in self-defense in accordance with Georgia law against someone with whom you share a domestic relationship. Likewise, we may also work to prove that you were defending another person with whom you have a familial relationship, such as if you were defending your child from an act of violence being committed by the child’s other parent.
It’s unfortunately not uncommon for allegations of domestic violence to arise out of divorce or custody disputes, as one parent may hope for a better outcome. As such, you may use a lack of physical evidence and inconsistent statements to defend yourself against these claims.
To be convicted of a criminal offense, the prosecutor must prove beyond a reasonable doubt that you are guilty of the alleged offense. However, you may be able to cast doubt on their claims if there is a lack of evidence, such as:
If you have been placed under arrest and charged with domestic violence, it’s important to take the steps to defend yourself. In general, you should not provide any statements to the police. Though you may wish to defend yourself, anything you say can be held against you. Instead, ask for a domestic violence defense lawyer and invoke your Fifth Amendment right to remain silent until you have legal representation.
After a Cobb County domestic violence offense, defendants should take the following immediate steps to protect their legal rights:
If you are facing a domestic violence charge in Cobb County, it’s imperative to understand the impact that a conviction can have on your life. As such:
Working with an experienced criminal defense lawyer at Miller Law Practice is in your best interest, as our firm has key knowledge of the criminal justice and court system in Cobb County. As such, we are prepared to fight for your rights during these times.
Additionally, our team can challenge evidence early, attempt negotiations for charge reductions or dismissals, and help protect your constitutional and parental rights when facing charges.
The bottom line is that domestic violence accusations can ruin someone’s life, and our firm is ready to be your advocate, every step of the way. Contact the Miller Law Practice, LLC today to schedule your initial consultation with our firm.
© 2026 Miller Law Practice, LLC. All rights reserved. Attorney advertising.
