The role of a Georgia domestic violence lawyer is to strenuously defend their client in the face of what can seem like a mountain of police evidence, and damaging testimony from a family member.
Domestic violence law, also known as family violence law in Georgia, covers the following charges:
“Committing any felony, battery, simple battery, simple assault, assault, stalking, criminal damage to property, unlawful restraint, and criminal trespass”
How Does GA Law Define “Family Members?”
The Georgia Domestic Relations code O.C.G.A. 19-13-1 defines family members as:
- Parents of the same child or children
- Current spouses (husband, wife) or former spouses
- Children and parents
- Foster children and foster parents
- Stepchildren and stepparents
- Other persons currently living or previously living in the same residence
What Are Court-Ordered Protective Orders?
A court-ordered protective order, known legally as a Family Law Protective Order, can be issued by a judge when the threat of violence or intimidation is a reality between one or more family members. The most common family protective orders issued involve a wife and husband, or a parent and child.
Other protective orders are granted when there is the threat of harm between foster parents and foster children, stepparents and stepchildren, and other persons either currently living together, or formerly living in the same household.
A Family Law Protective Order temporarily prohibits an offender from having any contact with the victim who has requested the court’s protection. The victim can either request protection personally, or the request can be made with assistance from their domestic violence lawyer.
If, after the court order is issued, an offender violates the stipulations of the protective order (restraining order), he or she can be arrested for a new crime and put in jail. The State of Georgia treats family violence offenders very harshly, especially when the victim is a child.
What Stipulations Can a Judge Put in the Restraining Order?
- Deny all contact, both physical and by telephone and text, initiated by the offender
- Issue a bench arrest warrant when the abuser breaks the law
- Order the offender to leave the residence
- Require the offender to help pay for temporary housing for the victim
- Take away child visitation rights normally afforded the offender
- Order mandatory counseling like anger management classes
- Order that the abuser pay the legal fees and court costs of the victim
Get Immediate Help With Your Domestic Violence Case
Georgia domestic violence attorneys Larry Kohn and Cory Yager want to hear your side of the story, and gather all the case facts to see if all legal guidelines were followed. Being charged with abuse by your spouse can be heartbreaking and terrifying, but an arrest is not a conviction. Good people find themselves in these situations all the time, and you will be treated like family when you come in for your free case review.