Criminal Defense - Family Violence

Protecting Your Rights and Your Future

Understanding Family Violence Charges in Georgia

Family violence charges in Georgia carry serious consequences that can affect your freedom, employment, housing, and family relationships. These charges often arise from domestic disputes and can result in jail time, fines, and long-term collateral consequences including loss of gun rights and difficulty finding employment.

At Stewart Family Law, we understand that family violence cases are often complex, involving emotional relationships and conflicting accounts of events. We provide aggressive defense representation while treating each case with the sensitivity and discretion it deserves.

Serious Consequences

  • Up to 12 months in jail
  • Fines up to $5,000
  • Loss of gun rights
  • Protective orders
  • Employment consequences
  • Immigration issues
  • Custody implications

What Constitutes Family Violence in Georgia?

Georgia law defines family violence as specific acts between family members or household members.

Physical Violence

  • Battery (intentional physical contact)
  • Assault (attempting to cause harm)
  • Simple battery
  • Aggravated battery
  • Aggravated assault
  • Stalking
  • Criminal damage to property
  • Unlawful restraint

Covered Relationships

  • Past or present spouses
  • Parents of the same child
  • Parents and children
  • Stepparents and stepchildren
  • Foster parents and children
  • Current or former household members
  • Dating relationships
  • Extended family members

Defense Strategies

Every family violence case is unique and requires a tailored defense strategy.

Self-Defense

  • Protecting yourself from harm
  • Reasonable force in response
  • Imminent threat evidence
  • No duty to retreat in Georgia

False Accusations

  • Motivated by custody disputes
  • Revenge or manipulation
  • Inconsistent statements
  • Lack of physical evidence
  • Insufficient evidence
  • Constitutional violations
  • Witness credibility issues
  • Alternative explanations

Penalties and Long-Term Consequences

Family violence convictions carry serious immediate penalties and lasting collateral consequences.

Misdemeanor Penalties

  • Up to 12 months in jail
  • Fines up to $5,000
  • Probation with conditions
  • Community service requirements
  • Anger management classes
  • Family violence intervention programs

Felony Penalties

  • 1-20 years in prison
  • Substantial fines
  • Extended probation periods
  • Permanent criminal record
  • Enhanced penalties for repeat offenders
  • Mandatory minimum sentences

Collateral Consequences

Federal Gun Ban

Lifetime prohibition on firearm possession under federal law.

Employment Impact

Criminal record affects current and future job opportunities.

Housing Issues

Difficulty renting apartments or qualifying for housing programs.

Immigration Consequences

Risk of deportation or inability to naturalize for non-citizens.

Child Custody

Significant impact on custody and visitation rights.

Professional Licenses

May affect licenses in healthcare, education, and other fields.

Alternative Dispositions and Programs

Not every case requires trial. We explore all options to achieve the best outcome.

Pre-Trial Diversion

First-time offenders may qualify for programs that result in dismissal upon completion.

  • Anger management classes
  • Family violence intervention program
  • Community service
  • No contact requirements
  • Alcohol/drug counseling if applicable

Negotiated Pleas

Strategic negotiations can result in reduced charges or alternative sentencing.

  • Reduction to non-family violence offense
  • First offender plea (no conviction)
  • Nolo contendere plea
  • Probation with treatment
  • Deferred prosecution agreements