A Gwinnett County Domestic Violence Lawyer Protecting Your Freedom
Family conflicts are common, but sometimes our emotions get the best of us. Unfortunately, it can be incredibly easy to find yourself facing domestic violence charges. Whether it is the result of a spiteful family member or a misunderstanding with the police, you could be subject to severe consequences if convicted. If you have been charged with a crime involving domestic violence, you need to contact a Gwinnett County domestic violence lawyer as soon as possible to make sure your rights are protected.
The Georgia Family Violence Act
Like many other states, Georgia legislators have adopted laws that specifically target crimes involving domestic violence. In addition to enhanced penalties, the Family Violence Act expands who is protected under the law:
- Current and former spouses
- Parents and children
- Parents of the same child
- Stepparents and stepchildren
- Foster parents and foster children
- People currently or formerly living in the same household
Therefore, it is essential to note that you can be charged with a domestic violence-related crime even though you do not currently reside with the other person or even have a relationship with them. As a result, some people can be entirely caught off guard when they are charged with a domestic violence crime. In this situation, the best thing you can do is to contact a Gwinnett County domestic violence lawyer.
How the Family Violence Act Applies to Your Domestic Violence Charges in Georgia
There is no specific crime of domestic violence. Instead, the Family Violence Act imposes increased penalties on anyone charged with the following crimes involving a family member:
- Assault
- Battery
- Stalking
- Child abuse
- Trespassing
- Unlawful restraint
- Damage to property
If you have been charged with any of these or other offenses in a dispute with a family member, you could be facing greater penalties for the same offense than you would otherwise. For example, a simple assault charge that would typically be a misdemeanor could be charged as a felony.
In addition, you could also be at risk of a restraining order and firearm restrictions, even before you are convicted. If you have been charged with a crime involving domestic violence, an experienced Gwinnett County domestic violence lawyer can help you navigate the system and protect your freedom.
Why You Need a Gwinnett County Domestic Violence Lawyer on Your Side
You can be charged with assault if the other person alleges that you put them in fear for their physical safety. For example, a heated argument can quickly result in a domestic violence charge, based almost entirely on what the other person claimed to have happened.
Furthermore, a plea of guilty to any domestic violence-related charge could result in you losing your right to own a firearm for the rest of your life, as well as never being able to hold certain jobs or licenses.
As overwhelming as a domestic violence charge can be, the good news is that the prosecution has to prove the case against you. They may pressure you to plead guilty to a crime that you didn’t commit, or that is not supported by the evidence. A Gwinnett County domestic violence lawyer can evaluate the case against you, help you understand your options, and ultimately defend you against baseless accusations.
Penalties for Domestic Violence Offenses
Domestic violence charges in Georgia are taken seriously and can lead to both criminal and civil penalties that affect every aspect of your life. While “domestic violence” is not a specific charge under state law, it refers to certain violent or threatening acts committed between people in a defined domestic relationship, including spouses, former partners, co-parents, or household members.
If the underlying offense is simple battery, assault, criminal trespass, or stalking, and it occurs within a domestic context, it will be prosecuted under Georgia’s Family Violence Act. A first offense may be charged as a misdemeanor and can carry a maximum sentence of 12 months in jail, a $1,000 fine, mandatory counseling, community service, and probation. However, a second conviction for battery involving a domestic partner is automatically charged as a felony, punishable by one to five years in prison.
In addition to jail or prison time, a domestic violence conviction may result in a permanent criminal record, loss of firearm rights, protective orders that limit contact with the alleged victim, and complications in child custody or divorce proceedings. Judges may also impose anger management or family violence intervention program requirements.
Because of the heightened penalties and long-term consequences, it is critical to work with an experienced domestic violence defense attorney if you’ve been accused. Early legal intervention may lead to reduced charges, negotiated outcomes, or case dismissal, which can be especially important in cases involving false accusations.
Possible Defense Strategies
Being arrested under suspicion of family violence can be devastating for your reputation, even if you are never ultimately charged with a crime. It should come as no surprise that a conviction can have even more significant consequences for you and your family. The good news is that Winters Law, LLC can help you mount the strongest possible defense in your case. With our help, you could avoid a conviction or potentially have your charges reduced to something unrelated to family violence. Common approaches include the following:
Lack of Evidence
As a baseline, the state can only convict you of domestic abuse if it can prove its case beyond a reasonable doubt. This high burden can be hard to meet, especially if the only evidence offered by the state is two conflicting stories from you and the reporting witness. In some situations, the best approach is to focus entirely on the weakness of the state’s case.
False Accusations
One of the most difficult things you can experience in these cases is false allegations of abuse. Unfortunately, law enforcement often accepts these allegations as fact and makes an unwarranted arrest even when there was no domestic abuse to speak of. The good news is that there are ways your criminal defense attorney can fight back against these allegations.
It is not uncommon for reporting witnesses to recant their allegations of abuse, especially when false accusations are involved. When cooler heads prevail, your attorney could ensure that prosecutors are aware that the alleged victim in the case no longer wants to pursue charges.
Self-Defense
You have the right to use force to defend yourself from an imminent threat of serious harm, even if the person threatening you is a family or household member. This defense is essential, given that it means you could avoid a conviction even in cases where you committed a physical act that would otherwise be treated as abuse.
Contact Gwinnett County Domestic Violence Lawyer Gabe Winters Today
A domestic violence charge can carry severe penalties as well as do considerable damage to your reputation. Protect your rights and your future by talking with a Gwinnett County domestic violence lawyer who knows how to get a fair result. Call or email us today to schedule a free consultation.
Frequently Asked Questions
What should I do immediately after being arrested or accused of Family Violence?
The most important thing to do immediately after a family violence arrest is to avoid discussing your case with anyone. This means you should not speak with the police and, under no circumstances, should you have any contact with the reporting witness. The sooner you contact a lawyer, the better.
What court handles criminal Family Violence cases in Gwinnett County?
The court that hears a family violence case depends on whether you have been charged with a felony or a misdemeanor. The Gwinnett County State Court generally hears misdemeanor cases, while felonies are usually handled in Superior Court.
What is a Temporary Protective Order (TPO), and how does it affect me?
A Temporary Protective Order is a court order that restricts contact between you and the alleged victim. It can force you to move out of your home, surrender firearms, and cease all communication between the parties. Violating a TPO can result in additional criminal charges. You have the right to a hearing to challenge the order.