How Long Do You Stay in Jail for Domestic Violence in Georgia?
How long do you stay in jail for domestic violence in Georgia? Attorneys from the Waltman Firm can answer your legal questions on this and more. Call now!
What Is Domestic Violence in Georgia?
In Georgia, assault, battery, or other abusive acts as defined by the state of Georgia against a family member, romantic partner, former or current spouse, and other members of your household are defined as acts of domestic violence. It is a grievous criminal act that results in domestic violence penalties, including a jail sentence, hefty fines, community service, mandatory counseling, and restrained access to your family and children.
Domestic assaults are usually punished more severely than simple assaults committed between strangers and should be taken seriously as they can destroy your reputation and leave you with a criminal record.
Georgia domestic violence laws exist to protect the rights of victims who are entitled to protection under Georgia’s Family Violence Act.
What Is the Difference Between Domestic Abuse and Domestic Violence?
Domestic abuse is a broad term that includes beating and physical abuse, aggravated assault, unlawful restraint, stalking or cyberstalking, sexual abuse, emotional abuse, criminal trespass, isolation, and even attempted murder which may lead to a criminal conviction.
Domestic abuse offenders can be charged and punished in different ways depending on the nature of their relationship with the alleged victim, their criminal history and prior convictions, as well as the circumstances of the case.
What Is Family Violence in Georgia?
Family violence is a felony or misdemeanor offense committed between two people who are past or present spouses, parents of the same child, parents and children, stepparents and stepchildren, foster parents and foster children, or anyone living or formerly living in the same household.
Persons currently or formerly living in the same household include roommates, siblings, extended family members, and unmarried dating partners.
The reasonable disciplining of your child in the form of corporal punishment, control, or detention will not be classified as family violence under Georgia law.
Who Is Responsible for Domestic Violence Investigations in Georgia?
Georgia law enforcement officials investigate claims of family violence that indicate a possible violation of Georgia law.
The police officers proceed to arrest the suspected offenders if they have probable cause to believe that acts that can be considered domestic violence have occurred. After arrest, offenders may have to wait until arraignment or bail hearing before being released from custody.
Bail conditions in domestic abuse cases usually include having no contact with the victim or leaving the victim’s household. An abuser may be arrested and charged even if the alleged victim does not press charges.
What Are the Consequences of a Domestic Violence Conviction in Georgia?
Whether a domestic violence charge is criminal or civil depends on each state’s laws. First-time domestic violence charges in Georgia result in a conviction which is punishable by 12 months of jail time and a $1,000 fine.
A second or subsequent charge may result in up to five years in prison. An aggravated assault is punishable by up to 20 years in jail. Other penalties include probation, anger management classes, and community service.
It is challenging for a domestic violence offender to convince the court to share joint child custody as they may lose most of their parental rights.
The alleged victim may file a petition seeking protection from a family member due to high and aggravated physical violence. The court may grant a family violence protective order (also known as a restraining order) to protect against violent injury or physical harm. If the abuser violates the order, it will be considered a misdemeanor offense punishable by up to 12 months of jail time and a $1000 fine.
The penalties applicable to domestic assault cases are focused on lowering the risks of repeated offenses or future harm. Having an experienced criminal defense attorney can help you negotiate with a judge to reduce the punishment for a domestic violence conviction.
How Long Do You Stay in Jail for Domestic Violence Charges in Georgia?
The length of a prison sentence for a domestic violence charge may be more than a year, depending on certain factors of the domestic violence crime.
Factors that may impact the length of a prison sentence include serious bodily injury, physical injury to minor children, sexual assault, resisting arrest, violating a restraining order, kidnapping, prior domestic violence convictions, or using a firearm.
The length of sentence for misdemeanor family violence offenses is less severe than sentences for felony convictions which include up to 10 years or more in prison.
How Long Does Domestic Violence Charge Stay on Your Record in Georgia?
In the State of Georgia, getting a record restriction is impossible if you have been convicted of a crime involving family or domestic violence.
According to Georgia law, offenses such as family violence, battery, domestic assault, stalking, and even violating a protective order are considered ineligible for a record restriction. Although exceptions exist, ineligible offenses will most likely stay on the offender’s criminal record forever.
Domestic Violence Cases: Can They Be Dropped?
The simple answer to “can a domestic violence case be dropped?” is yes.
Generally, the prosecution decides how to go about a domestic violence case. The offender cannot insist that their charges be dropped.
Nevertheless, another side of events can be presented in court to disprove the criminal act. This includes inadequate evidence, self-contradictions in the accuser’s story, the victim’s history of lying or making malicious misrepresentations, and the victim’s lack of cooperation.
Sometimes, the victim may even request for the charges to be dropped after negotiation with the alleged abuser.
How Can a Domestic Violence Attorney Help?
Domestic violence charges in Georgia require the assistance of a qualified criminal defense attorney who can help and try to reduce your charge after a domestic violence arrest. They can even get them dismissed in some cases.
Defensive tactics include proving that you were acting in self-defense, that you are the alleged victim who has been wrongfully accused, or that the criminal offense never occurred.
Our domestic violence background check overview will enable you to access your public criminal record and view your criminal history. This is especially necessary because blemishes on your record may severely affect your future opportunities.
If you or a loved one are facing domestic violence charges for family violence, you may be legally restrained from future contact with your children.
At The Waltman Firm, our attorneys can help you dispute any unjust protective order issued by the court against you. Call us today!