According to the State of Georgia, Domestic Violence is seen as an act of “Family Violence.” The Georgia law is strict about a family member being assaulted physically, emotionally or sexually by another member of the same family. However, in Georgia law, you do not necessarily need to be married to someone before you can become a victim of Domestic Violence. Domestic Violence can happen to parents and children, foster parents and foster children, present or past spouses, and other individuals living or formerly living under one residence.
If you have been charged with a Domestic Violence, it is very important that you speak with a lawyer as soon as possible because not delaying would increase the chances of your lawyer building and developing a Jericho-like defense strategy against the punishment of being found guilty. If an individual is being convicted of Domestic Violence, the effect can be damaging to the strategic areas of their life including their employment status. In addition to this, they may not be able to own a licensed gun or ammo and maybe also barred from some certain fundamental human rights.
As strict as the State of Georgia is regarding Domestic Violence cases, the charged or accused may be faced with a misdemeanor or felony charges which may escalate or further lead to probation, jail time, mandatory domestic violence management programs, and other similar penalties.
A Domestic Violence offense can be so damaging to the extent that the stain can remain a permanent stigma on the charged individual’s criminal record, hence, making the people around their community or locality to continue seeing them as being cruel or violent. Besides that, the charged may lose custody of their child if the act is between a parent and a child. To protect your career and your reputation, you need an experienced Domestic Violence defense lawyer that is knowledgeable about criminal defense.
Tyler Moffitt is a certified Domestic Violence defense lawyer that has covered many cases throughout LaGrange, Carrollton, and LaGrange cities of Georgia. With a vast knowledge of the Georgia criminal justice system and his acquainting status with the judges and prosecutors, he can assist you in building a strategized and aggressive defense to the charges laid on you, thus, helping you achieve the least painful outcome of the charge.
Criminal offenses under Domestic Violence in Georgia
Although it is a general belief that Domestic Violence occurs between a boyfriend and a girlfriend or a husband and a wife, this is not usually the case in the state of Georgia. An act or a threat of a violent act that ensues between people who are living under the same residence can lead to a Domestic Violence charge. This means that Domestic Violence may occur between family members, people sharing a room, and roommates- whether it is a temporary room sharing or permanent sharing.
Domestic Violence is listed within Georgia code 19-13-1 as any felony or any acts under the below-listed categories. These acts are what Domestic Violence officers look for when they respond to a Domestic Violence call or allegation
- Aggravated assault
- Aggravated battery
- Child Abuse
- Criminal Damage to Property
- Criminal Trespasses
- Physical Abuse
- Simple assault
- Simple battery
- Stalking and Aggravated Stalking and
- Unlawful restraint
However, the term Domestic Violence shall not include disciplinary actions given by a parent to their children such as in the form of punishments, restraints, and detention.
Self Defense under Domestic Violence
Depending on the facts presented by the accused under a Domestic Violence hearing, there are some reasonable defenses that can reduce or totally discharge them from the case. In cases where the accused was attacked and all they could do at the moment was to defend themselves from the attack, but the attacker claimed they were the real attacker. Although people are quick to point accusing fingers at people charged for Domestic Violence, self-defense does not count as a crime under it.
A charge under a Domestic Violence act will most likely start by issuing the accused with a protective order. This protective order comes in temporary forms that can affect the accused life greatly. For one, they could be barred from going back home to their family. Secondly, they could be denied the rights of seeing their children and barred from access to some of their rights such as their marital assets. The greatest fear of a temporary protective order is if it should be made permanent after the hearing. Due to this, an accused need to seriously protect themselves because the impacts a protective order can have on their life may extend to losing their child custody rights.
Call a LaGrange, Ga. Domestic Violence Attorney Today
Do not allow the stigma and other shameful sides of a Domestic Violence charge prevent you from getting the necessary criminal defense representation that will protect your future. Contact Tyler Moffitt today through his number at 762-212-3846 to discuss the details with him.