Domestic violence allegations are far from rare. The Georgia Coalition Against Domestic Violence reports that approximately 42,000 incidents are reported statewide each year. The true extent is likely far higher, as domestic violence is systematically underreported. At the same time, there are also false allegations of domestic violence that are made. Each case requires an investigation.
Domestic violence is a crime in Georgia. It can also have implications for a family law case, including divorce and child custody. At Burns Smith Law, P.C., our Georgia domestic violence lawyers handle family law matters with the care, sensitivity, and high professional skill that they deserve.
What is Domestic Violence in Georgia?
Georgia’s Family Violence Act defines “family violence” broadly. Along with other things, it includes certain felonies as well as battery, simple battery, assault, stalking, criminal damage to property, unlawful restraint, and criminal trespass when committed between specified family or household members (O.C.G.A. § 19-13-1).
A Family Violence Protective Order Can Change Things Immediately
Domestic violence allegations can affect a family law case before the divorce or custody dispute reaches a final hearing. Indeed, a person who alleges family violence may petition the superior court for a protective order. In other words, an order can be put in place right away, without the full process that is ordinarily required.
If a verified petition states specific facts establishing probable cause that family violence occurred and may occur again, the court can grant temporary relief on an ex parte basis. What does that mean? The key point is that an order can take effect before the respondent has an opportunity to appear. A subsequent hearing generally requires the petitioner to prove the allegations by a preponderance of the evidence.
Temporary hearings and orders absolutely matter in family law domestic violence cases in Georgia. Indeed, the practical consequences can be substantial. A protective order may grant one spouse possession of the marital residence, exclude the other spouse, establish temporary custody and visitation, require child or spousal support, and address possession of personal property.
Family Violence Is an Express Factor in Georgia Custody Cases
When parents cannot agree on custody, Georgia courts must determine what arrangement serves the child’s best interests. Georgia law (O.C.G.A. § 19-9-3) identifies numerous factors that the judge may consider, including each parent’s relationship with the child, parenting abilities, home environment, stability, and ability to encourage the child’s relationship with the other parent. The statute expressly directs courts to consider evidence of family violence, child abuse, and either parent’s criminal history.
A judicial finding of family violence carries additional significance. In that situation, the court must treat the safety and well-being of the child and the parent who was the victim of family violence as primary considerations. The judge must also consider the offending parent’s history of causing physical harm or creating reasonable fear of physical harm.
Domestic Violence Can Lead to Restrictions on Parenting Time
A finding of family violence does not automatically eliminate all visitation or parenting time. However, Georgia law places important restrictions on how a court may structure contact between the child and a parent who committed family violence.
Under O.C.G.A. § 19-9-7, a judge may award parenting time to such a parent only when adequate provisions can be made for the safety of both the child and the victimized parent. The court has broad authority to impose protective conditions.
Beyond that, it can require child exchanges in protected settings, supervised parenting time, participation in a certified family violence intervention program, or abstention from alcohol, marijuana, and certain controlled substances before and during visitation. The court may also prohibit overnight parenting time, require a bond, or impose other safety-related conditions.
The Evidence Behind the Allegation Matters (Family Law Can Investigate)
An allegation and a judicial finding are not the same thing. Domestic violence allegations should be taken seriously, but courts still have to determine what actually occurred. Evidence may include police reports, photographs, medical records, threatening messages, emails, recordings that were lawfully obtained, eyewitness testimony, prior protective orders, criminal records, and testimony from the parties.
When allegations concern abuse, neglect, or other conduct adversely affecting a child, Georgia law also permits a judge, upon a sufficiently specific motion, to direct the Division of Family and Children Services or another appropriate entity to investigate the parents’ home lives and environments.
The credibility and history of the parties can matter as well. Georgia appellate courts have recognized that a history of unfounded abuse allegations may affect the court’s assessment of later claims. At the same time, the absence of an earlier protective order, arrest, or prosecution does not prevent a family court from considering admissible evidence of violence in the custody case.
The Bottom Line: Evidence is the key to all family law cases. Domestic violence in divorce and/or child custody is no exception. A Georgia family attorney can help you build a strong case.
Our Family Lawyers Help Clients With Domestic Violence Allegations
Family law cases involving allegations of domestic violence can be especially challenging. If you find yourself on any side of this type of case, it is normal to feel stressed out and overwhelmed. A proactive approach is a must. At Burns Smith Law, P.C., we put our clients first. Your initial consultation with our Georgia family law domestic violence lawyer is strictly confidential and carries no additional obligations.
Contact Our Georgia Domestic Violence Attorney Today
At Burns Smith Law, P.C., our Georgia family lawyers have the skills and experience to handle domestic violence issues. If you have any questions about divorce or child custody and the impact of domestic violence allegations, please do not hesitate to contact us today to set up a completely confidential initial consultation. With offices in Cherokee County, Forsyth County, and Glynn County, we handle family law matters throughout the surrounding region in Georgia.