Like most states, Georgia takes domestic violence incidents seriously. Cases are prosecuted swiftly and the penalties are severe. Many of them arise from dangerous circumstances in which police and judicial intervention is necessary to prevent further harm to those suffering domestic abuse.
Unfortunately, sometimes innocent people face domestic abuse charges due to false allegations, often made in a heated moment during an argument. These false accusations can result in real harm to the person wrongfully accused. If you are facing domestic abuse allegations, it is crucial that you obtain the services of a DeKalb County domestic violence lawyer as soon as possible. A skilled criminal defense attorney could work with you in the hopes of achieving a favorable outcome.
In Georgia, a person can face domestic violence charges even if there is not much evidence against them. Many different types of crimes can constitute domestic violence. Under the state’s Family Violence Act, a person can face domestic abuse charges when the alleged victim and alleged offender are:
Domestic abuse charges can stem from physical abuse, such as spousal rape or assault and battery. However, they can also involve non-violent criminal actions, such as stalking, criminal trespassing, any other felony offense, or even damage to a person’s property. Because Georgia treats domestic abuse as a violent crime, alleged offenders are almost always subject to mandatory arrest. Even if the alleged victim suddenly changes their mind after calling the police and asks that the charges be dropped, the alleged offender will still face arrest in most situations. It is the prerogative of the prosecutor and not the alleged victim to determine whether to proceed with an arrest and prosecution.
Local domestic violence attorneys could investigate the case and use their knowledge of the law, combined with their experience in the courtroom, to build a strategic defense.
An allegation of domestic abuse could hurt a person’s chances in a child custody or divorce dispute. Sadly, some people abuse the criminal justice system by lying or exaggerating about an alleged domestic attack. They can elevate a simple family dispute into an act of domestic violence to gain an advantage in a custody battle or gain leverage in a divorce dispute. After being arrested, an alleged offender might not be allowed to see their children and they could face a restraining order.
If convicted on domestic violence charges, that conviction typically stays with a person for the rest of their life. Among other penalties, they may face a lengthy prison sentence, repeated psychological evaluations, steep fines, and mandatory domestic abuse counseling. A criminal conviction could also prohibit a person from getting a job, especially if the job involves working with children.
DeKalb County domestic abuse attorneys understand the ramifications and the social stigma of these allegations. They could work their hardest to avoid or reduce those penalties.
Domestic violence allegations should always be taken seriously. They can have long-term adverse effects on your freedom, your finances, and your personal reputation. It is essential to work with a seasoned DeKalb County domestic violence lawyer that you can trust. Our team of legal professionals has experience dealing with numerous domestic violence cases. Get in touch with us today to learn what we could do to help you.