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.
Cobb County Domestic Violence Defense Lawyer
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.
What Constitutes Domestic Violence in Georgia?
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.
Legal Definition of Family Violence Under Georgia Law
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:
- Current or former spouses
- Parents of the same children
- Parents or children
- Step-parents and step-children
- Foster parents and foster children
- Individuals currently or formerly living in the same home
Types of Charges That May Qualify as Domestic Violence
- Simple assault
- Simple battery
- Battery
- Aggravated assault
- Aggravated battery
- Stalking
- Aggravated stalking
- Criminal trespass
- Unlawful restraint
- Criminal damage to property
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.
Domestic Violence Charges in Cobb County Criminal Courts
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.
How Domestic Violence Cases are Prosecuted Locally
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.
Mandatory “No-Contact” Conditions
Additionally, the judge assigned to the case may order temporary no-contact conditions, and a violation can result in an immediate re-arrest.
Criminal Penalties for Domestic Violence in Georgia
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.
Misdemeanor Domestic Violence Penalties
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:
- Up to one year in jail
- Fines of up to $1,000
- Mandatory participation in domestic violence intervention programs
- Probation
- Community service
- Permanent criminal record
Felony Domestic Violence Penalties
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:
- A prison sentence of between one and five years
- Loss of firearm rights in accordance with both state and federal law
- Difficulty obtaining future employment or housing
Protective Orders and Restraining Orders in Cobb County
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.
What Is a Family Violence Protective Order?
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:
- No contact of any kind
- Vacating a shared residence
- Surrender of firearms
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.
Penalties for Violating a Protective Order
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:
- Up to 12 months in jail
- A potential $1,000 fine
- New criminal charges
Common Defenses to Domestic Violence Charges
In Georgia, you may challenge the charges against you depending on the circumstances of your case.
Self-Defense and Defense of Others
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.
False or Exaggerated Allegations
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.
Insufficient Evidence
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:
- No independent witnesses
- No medical records
- Contradictory police reports
What To Do After a Domestic Violence Arrest in Cobb County
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 an attorney 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:
- Refrain from contacting the victim in any capacity
- Follow all conditions of the court and your bond
- Prepare documentation and gather witness information
- Set all social media accounts to private and refrain from speaking about the case
Long-Term Consequences of a Domestic Violence Conviction
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:
- You will have a permanent criminal record
- You can lose your right to own a firearm
- You may lose the right to custody of your child
- You may be unable to pass background checks
- You can face immigration consequences if you are a non-citizen
Why Hire a Cobb County Domestic Violence Defense Lawyer?
Working with an experienced criminal defense lawyer with 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.
Speak With a Cobb County Domestic Violence Attorney
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.