What to Do if You’re Charged with Domestic Violence in Columbus, Georgia

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Domestic violence cases in Georgia are complicated. Not only do defendants face criminal penalties, but they are probably subject to a domestic violence restraining order. The choices a defendant makes going forward can result in years behind bars or freedom.

Were you charged with domestic violence? Call Moffitt Law, LLC today to speak with a Columbus domestic violence defense attorney. We can review the charges and strategize the best way to respond. The last thing you should do is blow off the charges or a protective order. Many men and women end up behind bars for years because they failed to hire the right criminal defense attorney.

Step #1: Understand the Penalties for Domestic Violence

A domestic violence charge in Georgia carries severe penalties. Under the law, family violence consists of any felony or misdemeanor crime for battery, stalking, criminal trespass, damage to property, and unlawful restraint between family members, including:

  • Current or former spouses
  • Parents who share a child
  • Parents and children (including stepparents)
  • Foster parents and children in foster care
  • Anyone who currently or formerly lived in the same house

Various crimes have enhanced penalties when committed against a family member, especially if you are a repeat offender.

Simple battery is a misdemeanor in Georgia, carrying as punishment up to 12 months in jail and a $5,000 fine. If you have previous family violence forcible felony, then your simple battery becomes a felony. You can face up to 1-5 years in prison.

Other crimes will carry stiffer penalties, such as aggravated assault or battery. These are felonies for even a first-time offender.

Step #2: Read the Family Violence Protective Order

The alleged victim sought a protective order against you. This is a judicial order designed to protect someone from ongoing or future abuse. A judge can issue a temporary “ex parte” order based solely on the victim’s allegations. The police should serve a copy on you.

Anyone charged with domestic violence should read the order from start to finish, which will spell out many conditions. Most orders require giving up possession of firearms, avoiding contact with the victim, and possibly moving out of the house.

Step #3: Avoid Violating the Family Violence Protective Order

Any violation can lead to a domestic violence arrest. You can face criminal charges for violating the order, which is a misdemeanor offense. You face up to 12 months in jail and a $1,000 fine.

Many people are confused about how protective orders work. For example, most orders contain a “no contact” provision, which prohibits you from calling the alleged victim or showing up to their work.

One misconception is that the alleged victim can reach out to you and initiate contact. The order is still in effect—and the victim can’t unilaterally suspend the protective order. You should have no contact with anyone protected by the order until a judge dissolves it.

Violations carry other negative repercussions. If you are involved in a custody dispute, then a judge will likely consider your violation of the protective order and hold it against you.

Step #4: Consult an Experienced Columbus Criminal Defense Lawyer

A lawyer is a terrific asset. Without one, it’s highly likely you can make some mistake which can result in criminal charges, a contempt of court citation, or other negative consequences.

Our criminal defense lawyer can:

  1. Investigate the alleged incident of domestic violence. We can talk to witnesses and listen to your story to find out what happened.
  2. Attend a hearing on a permanent protective order. A judge can issue a temporary order without hearing from you, but it’s temporary. A defendant has a right to respond before the judge enters a longer or permanent order. We can attend the hearing and present evidence showing why the order isn’t necessary.
  3. Seek bail after a domestic violence arrest. Bail usually comes with conditions, such as giving up possession of a firearm. But at least you will be out of jail while you wait for trial.
  4. Work to get the charges reduced or dismissed. A talented lawyer can work with them to negotiate a plea deal or get charges completely thrown away depending on the case.
  5. Take whatever other steps are necessary to defend yourself. We are prepared to defend you from criminal charges (like battery or stalking) in a jury trial.

As you can see, domestic violence cases have a lot of moving parts. Most clients are also subject to a protective order and possibly bail conditions. We make sure our clients stay on the right side of the law.

Step #5: Resolve the Domestic Violence Charge in Georgia

Our firm is ready to defend anyone accused of assault, battery, stalking, criminal trespass, or another crime of family violence. Some defenses include:

  • Self-defense—You are the victim and used reasonable force to defend yourself from attack.
  • Accident—You might have accidentally hurt a family member and have no malicious intent. You should not be convicted when you lack a criminal mental state.
  • Reasonable doubt—There might not be sufficient proof you committed the crime, in which case you should not be convicted.

These are common defense strategies. Let us review which approach has the best chance of success in your case.

Were You Charged with Domestic Violence? Call Moffitt Law Today!

Allegations of domestic violence are serious and warrant an immediate response. Don’t let a former partner or a family member drag your name through the mud by making frivolous allegations of abuse. Many cases are based on misunderstandings, or our clients were the real victims. Call us to speak about your case. We can defend you from these charges, including any allegation you violated a protective order or bail conditions.

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