If you’ve been charged with domestic violence, it’s really important that you contact the Atlanta domestic violence attorneys at Howard & Arca. There is so much at stake. You may not even realize how serious domestic violence charges can be.
You could be at risk of losing custody of your kids. Depending on what kind of work you do, a conviction for domestic violence can cost you your job. It can lead to you losing your professional license. Not to mention landing in jail.
The scary part about domestic violence is that you are presumed guilty until proven innocent. At least this is how it seems. Law enforcement and the courts take domestic violence allegations very seriously, and they should. In order to protect legitimate victims, they take every precaution to protect the complainant from the alleged attacker.
If you are facing a charge of domestic violence in Atlanta, don’t risk your freedom by going it alone. Call Howard & Arca today at (678) 916-8649 to schedule a risk-free consultation with an experienced criminal defense lawyer. Failing to do so may cost you everything you value in life. Don’t make that mistake.
- 1 Georgia Domestic Violence Laws
- 2 How to Prove False Allegations of Abuse
- 3 What Happens if You Violate a Restraining Order in Georgia?
- 4 What are the Georgia Domestic Violence Penalties?
- 5 Contact our Atlanta Domestic Violence Attorneys for a Consultation
Georgia Domestic Violence Laws
Georgia considers any form of family violence as being domestic violence. This includes any form of abuse against your spouse, parents, children or other members of your family. The types of abuse that are included in Georgia’s domestic violence laws include:
The law in Georgia that covers domestic violence is the Georgia Family Violence Act. It’s designed to protect the following things from happening:
- Abuse by present or past spouses
- Abuse at the hands of parents who share a child with the victim
- Parents from abusing their children or stepchildren
- Abuse at the hands of anyone who lives or used to live in the same house as you
Often times, the Georgia Family Violence Act is used to get custody of children or increase child support. This is the reason why there are so many false allegations of domestic violence filed in Atlanta. If this happens to you, it’s critical that you contact an Atlanta criminal defense lawyer immediately.
How to Prove False Allegations of Abuse
Domestic violence is taken very seriously by both law enforcement and the courts. Sadly, there are a lot of people who file false allegations of domestic violence. They do so for lots of reasons, including:
They have an argument with their significant other and know this a good way to hurt them. They don’t realize how serious the consequences of an allegation like this can be.
When parents are divorcing or separating, they often fight over custody. One way to get temporary custody is to claim that your ex was abusing you. Or, they claim that a parent is abusing the children. To protect the alleged victims, the court will remove the offender until the matter can be resolved.
Some people use domestic violence allegations as a way to get increased child support or alimony. They either use the threat of charges as a tool or they actually file charges. They figure this will ensure that they’re the ones with primary custody and they’ll get more child support.
Sometimes, when one partner leaves the other for someone else, they file charges for domestic violence. They simply want to punish their partner for leaving them.
The hardest thing for Atlanta domestic violence attorneys to do is prove the charges are false. They can do so in the following ways:
- Submit copies of emails, text messages or Facebook comments
- Submit videos or pictures proving the allegations are false
- Negotiate with the victim’s lawyer, to tell the truth, and recant their statement
- Demonstrate that the complainant has a history of filing false charges
What Happens if You Violate a Restraining Order in Georgia?
The penalties for violating a restraining order in Georgia are quite severe. If you are found to have actually violated the order, you’ll be sentenced to anywhere from one to ten years in jail. The minimum sentence is one year.
You’ll also face a series of fines if you violate a protective order in Atlanta. The fines can be as high as $10,000. It depends on the seriousness of the violation. It also depends on the case history.
If someone can prove that you violated an order, you’ll be charged with aggravated stalking. This means you’ll sit in jail waiting for your court hearing. It’s really hard to defend against an alleged violation because it’s hard to prove that you weren’t in a certain place at a certain time.
What are the Georgia Domestic Violence Penalties?
The penalties for domestic violence in Georgia are also rather serious. In fact, these penalties are a lot higher when the victim is someone you know as opposed to a stranger. For example, an assault conviction against your spouse will end up with stricter penalties than an assault conviction against a stranger.
If you’re convicted of domestic violence in Georgia, you face the following penalties:
- Fines of up to $1,000 and up to one (1) year in jail for a first offense – If you’re convicted of domestic violence, you’ll more than likely serve some serious jail time. If the underlying offense is serious (aggravated assault), the jail sentence will be much higher than a year.
- Subsequent offenses can carry a five (5) year jail sentence and additional fines
- Loss of parental rights – most domestic violence convictions can affect custody
- Loss of professional license – Some jobs require certifications, such as a teacher or lawyer. If you’re convicted of domestic violence, you may lose your license. You may also be prohibited from working in that profession for the rest of your life.
- Termination from your job – This could be because of a loss of your license. It can also be because your employer doesn’t want to employ someone with a domestic violence conviction.
- Possible requirement of registering as a sex offender depending on the type of charges
Regardless of what you do for a living, a domestic violence charge can impact the rest of your life. It’s important that you have an experienced domestic violence lawyer in Atlanta by your side.
Contact our Atlanta Domestic Violence Attorneys for a Consultation
If you’ve been charged with domestic violence, you need to hire a domestic violence lawyer with Howard & Arca in Atlanta. A domestic violence charge can destroy your life. You could lose your job. You’ll also be facing some heavy fines and actual jail time.
If the charges against you are false, your lawyer will do their best to get them dismissed. They’ll fight hard to keep you out of jail pending your hearing.
If you’re served with a protective order, make sure you show it to your attorney. It’s important that you abide by the order until your court date. If you don’t, you can end up in hot water. The penalties for violating a restraining order are almost as bad as they are for the crime itself.
Call our offices today and schedule your consultation with an experienced attorney. One of our experienced Atlanta domestic violence attorneys will sit down and review your case. They can answer any questions you may have.
There is simply too much at stake to try to handle a domestic violence charge on your own. Contact us now and speak with one of our attorneys. They have the experience necessary to help you fight the charges.