Family Violence Battery: Why Georgia Treats It More Seriously Than Simple Battery

Family violence battery is treated far more seriously in Georgia than a standard battery charge. This can result in significant consequences for the defendant. Many defendants charged with family violence battery wonder why these charges are treated differently. Read on to learn about what the law in Georgia says, and what to expect if you have been charged with family violence battery.

What is Considered Battery?

Battery occurs when a person intentionally causes physical harm to another person. Often, that physical conduct results in pain or injury. Defendants can confuse battery with assault. Battery is different from assault. Assault is when there are threats or attempts to cause harm without actual physical contact. With battery, there is actual physical contact.

The contact does not always have to cause serious injury for battery to apply. Even a punch, slap, shove, or other unwanted physical contact can qualify as battery under the law.

Additionally, the battery has to be intentional. For example, if someone swings their fist during an argument and deliberately punches another person in the face, that contact is intentional and can support a battery charge. However, if two people accidentally bump into each other in a crowded hallway and one person falls and gets hurt, that contact may be accidental

Understanding Georgia’s Laws Regarding Battery 

In Georgia, Georgia Code § 16-5-23 (2024) discusses simple battery. Simple battery happens when someone intentionally makes unwanted physical contact that is insulting or provoking, or when they intentionally cause physical harm to another person. In most situations, this offense is charged as a misdemeanor. However, the charge becomes more serious in certain cases depending on who the victim is or where the incident occurs. For example, penalties are increased if the victim is an older adult, a pregnant person, a law enforcement officer, a correctional officer, a public transit employee, a school employee, or a utility worker performing their job. It is also treated more seriously when the offense involves certain family or household members, such as spouses, parents, and children. In these circumstances, simple battery may be elevated to a high- and aggravated-level misdemeanor, which carries harsher penalties.

Georgia Code § 16-5-23.1 (2024) lays out what constitutes family violence battery. Under the statute, a household member” includes current or former spouses, parents of the same child, parents and children, stepparents and stepchildren, foster parents and foster children, and anyone who currently lives or has previously lived in the same household. When a battery occurs between household members, it is considered a family violence battery under Georgia law. A first offense is usually charged as a misdemeanor. However, if the defendant has a prior conviction for a forcible felony involving household members, the charge can be elevated to a felony with a prison sentence of one to five years. Any second or subsequent conviction for family violence battery is also treated as a felony with the same potential prison term.

Examples of Family Violence Battery 

Family violence battery refers to acts of physical harm or offensive contact committed between individuals who are considered household or family members under the law. A common example is a domestic argument between spouses that escalates into physical violence, such as one partner pushing or slapping the other during a dispute. Another example involves violence between parents and children, such as a parent using excessive physical force during a disciplinary incident that goes beyond reasonable discipline and results in injury. Alternatively, an adult child who physically assaults an elderly parent in the same home may be charged with family violence battery.

Consequences of Family Violence Battery 

As stated in the statute, an individual who is convicted of family violence battery can face serious jail time. However, there are other possible consequences. Families who deal with violence can be affected for years. Children who witness domestic violence are especially vulnerable. This can lead to emotional trauma, which in turn can cause behavioral problems, including aggression, withdrawal, difficulty concentrating, and poor relationships. They may also be more likely to become victims or perpetrators of violence in their future relationships.

Additionally, those convicted can potentially lose custody. When allegations or findings of battery occur, courts may limit or deny custody to the abusive parent. The parent convicted of battery may only be able to have supervised visitation and, in extreme situations, can have visitation rights suspended or terminated if the child is deemed at risk. 

Why Family Violence Battery is Treated More Seriously 

Family violence battery is treated more seriously than other forms of battery because it involves harm within close personal relationships where there is a heightened duty of trust and safety. Home is meant to be a safe environment. Therefore, when violence happens in the home or between people who have certain relationships, the harm is deemed more intense than if it occurred outside the home or between strangers. 

Courts also tend to treat family violence battery more seriously due to the potential for recurrence of violence or increased violence. Battery that happens in the community can be random, or, if the parties are separated, it is less likely for the violence to happen again. With family violence battery, the parties know each other intimately and often live together. Therefore, it is likely that the violence can continue. Early legal intervention is intended to interrupt this cycle before it worsens and leads to more severe injury or long-term trauma. Enhanced punishment serves a deterrent purpose by discouraging repeat conduct and helping protect vulnerable family members from ongoing or escalating harm in the home.

Contact an Experienced Battery Defense Lawyer 

Being charged with family violence battery in Georgia is a big deal and can have serious ramifications. Contact an experienced criminal defense lawyer immediately upon being charged. Early legal representation is critical to protecting your rights and building a strong defense against charges of a violent crime.