Domestic Violence and Abuse

Domestic violence is a crime in Georgia. Laws are in place to protect family members being abused and punish convicted abusers. If you are in immediate danger you should call 911. Your next step should be to contact a domestic violence lawyer to get a TPO (restraining order).

Domestic Violence Laws in Georgia

Per Georgia Code 19-13-1, this is the definition of domestic violence in Georgia.

The term "family violence" means the occurrence of one or more of the following acts between past or present spouses, persons who are parents of the same child, parents and children, step-parents and step-children, foster parents and foster children, or other persons living or formerly living in the same household:

• Any felony; or
• Commission of offenses of battery, simple battery, simple assault, assault, stalking, criminal damage to property, unlawful restraint, or criminal trespass.

The term "family violence" shall not be deemed to include reasonable discipline administered by a parent to a child in the form of corporal punishment, restraint, or detention.¹

Types of Domestic Violence

Per the Georgia Commission on Family Violence website, "Common abusive tactics include physical violence, sexual violence, isolation, economic abuse, emotional abuse, intimidation, reproductive coercion, and stalking."²

• Spousal & Partner Abuse:
• Child Abuse (minors):
• Parent/Step-parent/Foster-parent Abuse
• Elder Abuse:
• Other Household Members: anyone living in your home who is being abused may be a victim of domestic violence. This could include almost anyone with family or relationship ties to the abuser. Even without any particular relationship, abusive acts can still be criminal in nature.

Common Related Criminal Charges

• Interfering with a 911 call: Interfering with a 911 call in Georgia is a misdemeanor which addresses the act of preventing, obstructing, or hindering someone from making a 911 call.
• Unlawful Restraint: Unlawful Restraint in Georgia can be a misdemeanor or a felony. This charge addresses the act of detaining someone against their will or otherwise controlling a person’s free movement.
• Simple Assault: is a misdemeanor that can be punished with up to a $1,000 fine and one year in jail. Simple assault is any attempt to cause injury to another person or places someone in reasonable fear of immediate harm.
• Aggravated Assault: is a felony whichd can result in a prison sentence of 1–20 years. Aggravated Assault is the act of assaulting a person with the intent to murder, rape, or rob them, or with a deadly weapon or object that could cause serious injury or strangulation.
• Simple Battery: is a misdemeanor with penalties being up to a $1,000 fine and one year in jail. Simple battery is the act of intentionally harming or touching a person in an insulting or provoking way.
• Aggravated Battery: is a felony with a penalty being one to 20 years in prison. Aggravated battery refers to any act where someone maliciously causes bodily harm to another by depriving him or her of a member of his or her body, by rendering a member of his or her body useless, or by seriously disfiguring his or her body or a member thereof.
• Stalking: Georgia’s stalking laws generally treat the first offense as a misdemeanor. Felony charges may be filed for additional instances or egregious acts. Georgia defines stalking as contacting, following, observing a person without their consent, in order to harass or intimidate that person.

Certainly, there are numerous other crimes that occur in domestic violence situations. Very serious crimes such as arson, rape, attempted murder, and murder are often associated with extreme abuse matters.

Penalties for Domestic Violence

An arrest for acts of domestic violence can bring misdemeanor or felony charges. The facts of the situation determine the level of charges to be brought against the abuser. Upon conviction, potential penalties and consequences include an arrest record, jail time, fines, community service, and counseling such as anger management. The abuser may be ordered to stay away from the victim(s).

Getting a TPO (Restraining Order)

In Georgia, a person who has suffered violence at the hands of a family member, someone with whom the person has had a relationship or resident of the household can seek a temporary protective order (TPO), also called a temporary family violence protective order. What can a TPO do for you? This order prohibits the offending party from coming into to contact with the protected person. The Georgia.gov website offers this information, "If you are a victim of violence, you can file a petition for a temporary protective order. A protective order restrains the accused person, also known as the respondent, from harassing, stalking, or threatening the physical safety of the petitioner."³

If you have been threatened or suffered abuse, you need to take action now to protect yourself and your family. Our family law attorneys can help you get fast protection that a protective order can provide.

What If You Call Local Police?

Domestic violence and abuse is totally unacceptable. If your life or safety (or that of other family members) is at risk you probably should call your local police. They will arrive promptly. The police will talk to the people involved to gain an understanding of the situation. If there are physical signs of violence they will almost certainly arrest the abuser. This can provide immediate relief for the victims, and serve as a major wake-up call for the abuser.

Abuse Therapy & Counseling

Victims of abuse and violence often find it necessary to get professional help. A trauma counseling therapist can help adults and children deal with the fallout of domestic violence.

Criminal Defense Lawyers

Whether you did commit domestic violence, or you’ve been falsely accused, you need to hire a lawyer. Ideally, you should call a law firm with experienced family law attorneys and criminal defense lawyers. Their ability to collaborate could make all the difference in wlaking way free or experiencing the horrors of prison.

If you are involved in a domestic violence situation, we encourage you to call our law firm for legal help.

CREDITS and FOOTNOTES

• ¹ Staff Writer, "2022 Georgia Code Title 19 – Domestic Relations Chapter 13 – Family Violence", April 20, 2022, Available from Justia
• ² Staff Writer, "Domestic Violence in Georgia", May 10, 2020, Available from Georgia Commission on Family Violence
• ³ Staff Writer, "Get a Protective Order", March 17, 2023, Available from Georgia.gov
• Photo by Pete Linforth, available at Pixabay