Accusations of assault or family violence can have immediate and significant impacts on your daily life. You may suddenly face restrictions about where you can live, who you can contact, when you can see your loved ones, and when you can be in your shared home. An unexpected disagreement can become a criminal matter with consequences that affect every part of your life.
Georgia law treats allegations involving family or household relationships differently from other assault and battery cases. Understanding these distinctions is an important part of defending against any charges you might face.
Assault and Battery Charges
Georgia law defines assault and battery as two separate offenses. Assault occurs when a person either attempts to commit a violent injury against another person or engages in an act that places the other person in reasonable fear of violent injury. Battery occurs when a person makes physical contact that causes physical harm or visible bodily harm to another. Both assault and battery charges can become aggravated when they involve deadly weapons or an intent to cause even more serious harm, such as murder or rape.
How Family Violence Impacts Charges
Under Georgia’s Family Violence Act, assault and battery crimes committed between current and former spouses, parents, stepparents, children, or other household members are considered “family violence” crimes that carry additional consequences and responsibilities.
Family violence crimes carry harsher sentencing and trigger bans on possessing firearms or ammunition. They also require no-contact orders and protective orders and can significantly affect ongoing family law and custody proceedings. Individuals charged with family violence crimes may also be required to go through special counseling and family violence intervention programs.
Impacts While Your Case is Pending
Georgia law takes family violence very seriously, and this means that the courts do not risk the possibility of additional harm even while charges are pending. Even if you have a strong defense and may not be guilty, the court will likely require you to comply with restrictions on your behavior while your case is pending. This can include limitations on your ability to communicate with other family members, requiring you to leave your shared home, limiting visits with your children and other family members, and prohibiting you from visiting certain locations where your spouse or family members may visit or frequent.
Sometimes in family violence proceedings, your family members may offer to let you into your home, to meet up outside of court-permitted meetings, or attempt to contact you despite a no-contact order. These informal offers and agreements do not change a court order, and you must adhere strictly to what the court has told you to do.
Protect Yourself and Your Family
Assault, battery, and family violence charges can be overwhelming, but experienced Georgia criminal defense attorney Omar A. Cooper is here to help. He frequently works with clients facing family violence accusations and can explain the charges, court requirements, and how best to defend your case. For more information, contact us today.