Accusations of domestic violence can turn your life upside down. Not only are the penalties associated with this crime harsh, but these allegations can ruin your reputation. As such, understanding the common defenses used to fight domestic violence charges in Georgia is imperative. If you’re facing charges, the following blog explores what you should know about these matters, including the importance of working with a Cobb County domestic violence defense lawyer to explore your legal options and help you fight for the best possible outcome.

What Is Domestic Violence Under Georgia Law?

Under Georgia law, domestic violence, also referred to as family violence, includes any of the following acts, when perpetrated against current spouses, ex-spouses, co-parents, children, parents, or members of the household:

  • Assault
  • Battery
  • Stalking
  • Unlawful restraint
  • Criminal trespass
  • Criminal damage to property

It’s important to understand that not all arguments or verbal disputes are considered domestic violence, though arguments that are considered assault under the law can result in charges.

What Penalties Can I Face if I’m Convicted?

The penalties you can face for a domestic violence offense in Georgia are serious, as the penalties are generally enhanced due to the intimate nature of the relationship.

Typically, a first offense will be charged as simple battery, which is a misdemeanor offense that carries up to one year in jail. However, subsequent domestic violence offenses or actions that constitute aggravated battery are felony offenses. These charges carry between five and twenty years in prison.

However, you should note that there is an array of non-criminal consequences you can face if you are convicted of this offense. This includes surrendering your firearms, job loss, a permanent criminal record, and loss of child custody.

What Are Potential Domestic Violence Defenses I Might be Able to Use?

If you are facing charges for domestic violence in Georgia, there are a number of defenses that you may be able to use for your unique circumstances.

Generally, the most common defense those charged with this offense utilize is that they were actually acting in self-defense. You may be able to gather evidence, like threatening text messages or medical records that show you suffered defensive wounds, to help support your claims that you were protecting yourself.

Another common defense is that the party that raised the allegations is looking to damage your reputation and has thus falsified the report. Unfortunately, this is often the case when spouses or co-parents are in the middle of a custody battle, as the court will look unfavorably upon a party with domestic violence allegations. As such, working with an experienced attorney to dispute their claims by highlighting inconsistencies or ulterior motives is critical.

Domestic violence allegations are not something that should be taken lightly in Goeriga due to the serious nature of these offenses. As such, it is in your best interest to connect with an experienced attorney with the Miller Law Practice to help you explore your legal options. Our firm understands how difficult these matters can be to navigate, which is why we are committed to guiding you through these overwhelming ties to fight for the best possible outcome.