Fulton County Domestic Violence Lawyer

State prosecutors treat charges of domestic violence seriously. Unfortunately, these allegations are often overcharged given the actual facts of the case; they may result from a heated argument or simple misunderstanding. No matter the circumstances, you are legally entitled to a proper defense of your case.

Seeking representation from a dedicated defense attorney could be in your best interests. An experienced Fulton County domestic violence lawyer could help keep your constitutional rights protected.

Defining Domestic Violence

A charge of domestic violence may arise from any allegations of abuse or harm perpetrated against certain family members. A common misconception is that domestic violence can only occur between two people in a romantic relationship, such as spouses or those who are dating. However, other types of family and household members could qualify as well.

The state’s domestic violence law applies when the parties involved are any of the following:

  • Married couples
  • Divorced
  • Have a child or children together
  • Parent and child
  • Stepparent and stepchild
  • Foster parent and foster child
  • Those who currently live in the same household
  • Those who previously lived in the same household

These types of relationships are protected under the domestic violence law. If the alleged violence occurs outside of these relationships, a domestic violence charge will not apply.

Criminal Charges: What is Protected by Domestic Violence Law?

The Family Violence Act only applies to certain offenses. These include:

  • Simple battery
  • Battery
  • Simple assault
  • Assault
  • Criminal trespass
  • Criminal damage to property
  • Stalking
  • Any felony offense

If the type of offense is not one listed here, it will likely not result in a domestic violence charge. Instead, the criminal allegations would be handled in other areas of the state’s criminal code. No matter the type of charge the defendant faces in Fulton County, they may need the assistance of a competent domestic violence attorney to prepare a proper defense strategy.

Family Violence Protection Orders

Related to domestic violence charges are family violence protection orders. A court has the authority to grant these orders when it believes a person has suffered family violence and it may occur again in the future. Both civil and criminal protection orders exist, with different results for violations of them.

These orders can direct no contact between the parties, forbid physical abuse, set residential and spacing requirements, require counseling, require child support, and much more. A defendant’s failure to abide by the rules of the protection order may result in additional criminal charges. In many criminal cases, a judge will also include the conditions of the protection order as bond conditions, which can result in bond violations that could lead to incarceration.

Allegations of violating these orders can be serious and may result in punishment above and beyond the domestic violence charge. Although these charges may be daunting, a Fulton County domestic violence attorney could help to defend your case.

Contact a Domestic Violence Attorney in Fulton County

Domestic violence charges could result in the loss of your freedoms and cause significant harm to your future. You are entitled to quality legal counsel to represent you in this case. Contact an experienced Fulton County domestic violence lawyer to defend your interests and protect your constitutional rights today.