What Is Family Violence Battery?

In Georgia an assault occurs when someone intentionally threatens to use violence, and battery occurs when someone actually does use a form of violence and there is a level of touching.

Domestic violence, or a simple assault, is typically charged as a family violence charge when it occurs amongst family members who get into a dispute and the police are called. The court defines family members living or formerly living in same household who are:

  • Past or present spouses
  • Parents of the same child
  • Parents and children
  • Stepparents and stepchildren
  • Foster parents and foster children
  • A pregnant woman

Often times in Greater Atlanta the charge is upgraded to aggravated assault if there is an allegation of choking or a knife is involved.

If children are present and witness the altercation then a person will also be charged with cruelty to children in the third degree.

What Constitutes Domestic Violence in Georgia?

Georgia courts take domestic violence charges very seriously. When police officers respond to a domestic violence call, someone gets arrested.

It is more than likely that the arrestee will be the person who is considered the aggressor, also known as the person who initiated the incident or altercation, such as:

  • Emotional or physical abuse of a spouse, child or elder in the home
  • Sexual abuse or spousal rape
  • Neglect
  • Verbal threats or assault
  • Harassment or stalking

The government allocates a substantial amount of resources to help support those who are victims of domestic violence. The charge of domestic violence is taken so seriously that the prosecution may move forward with the case even if the victim refuses to testify or chooses not to press charges.

The Law Office of Timothy McCalep understands the sensitivity surrounding domestic violence charges and knows your case requires a diligent, competent and thorough attorney. Call 404-692-7525 or email me for a free consultation.

Highly Skilled Attorney Builds Your Best Strategic Defense

The legal consequences of a conviction of family violence battery can include loss of your gun ownership rights, 12 months in jail, $1,000 fine and requirements to complete a domestic violence program, complete community service hours and attend counseling sessions, as well as drug and alcohol testing.

Without a lawyer to defend you, the personal ramifications may hit home harder because you can lose your family, your house, your friends and even your job.

Do not feel embarrassed by an accusation of domestic violence. Do not let the stigma force you into believing you are a bad person.

Call me today at 404-692-7525, and I will stand by you through every step of your case. You may also reach out to me online.