Georgia Domestic Violence Laws Explained

Relationships are complex, especially when two or more people are partners, are legally married, or share a home or a child. Georgia domestic violence laws attempt to provide an appropriate legal remedy to crimes that may occur within a household or within the bounds of specific human relationships.

Georgia rules and regulations pertaining to the handling of family violence are constantly evolving, and it is important to understand them if you or someone you love ever face a domestic violence accusation.

Defining Family Violence in Georgia

Under Georgia law, the term family violence is used to refer to domestic violence crimes. Georgia Code §§ 19-13-1 — 19-13-6 covers the definition of family violence and the crimes that may occur within a household or domestic relationship. It also provides information on protective orders.

A crime of family violence can be a felony or a misdemeanor, depending on the severity of the offense. These crimes may include battery, assault, property damage, or unlawful restraint.

Family violence law may only apply in cases that involve two or more people in the following relationships:

• Two people who have a biological child
• Former or current spouses or partners
• Children and their parents, stepparents, or foster parents
• Individuals who share a home or formerly lived together under the same roof

A family violence charge may not be brought up against an individual in a dating relationship. The law also explains that “reasonable discipline” of a child may not constitute a family violence offense, including corporal punishment.

Penalties For Domestic Violence in GA

Family violence incidents are handled by the county where they occur. Counties in Georgia may have an established Domestic Violence Unit that handles cases of abuse in domestic partnerships.

Law enforcement is tasked with responding to family violence incidents, and a county’s domestic violence unit may carry out arrests and investigations of family violence crimes when appropriate.

A prosecutor can determine whether an alleged incident may be charged as a family violence offense. A qualified criminal attorney may represent a person accused of a family violence crime and can work to have charges dropped or present evidence and arguments to obtain a not-guilty verdict.

If an individual is convicted of a family violence crime, the punishment imposed is determined by the offense.

The crime of simple battery, for example, may be treated as a misdemeanor of a high and aggravated nature if it is a first offense and carries the associated sentence. An aggravated battery conviction, on the other hand, can result in a penalty of at least three and no more than 20 years.

Certain family violence crimes are punishable under the same guidelines as crimes outside of domestic partners, while Georgia Code provides specific sentences for crimes that happen in the context of domestic violence.

A sentence may also be longer if it is not a first-time offense or if another crime is committed while carrying out an act of family violence.

Impact of a Georgia Domestic Violence Charge and Conviction

Though a sentence for a family violence conviction can translate to time in prison or the payment of large fines by the accused, there are additional ways a domestic violence charge or conviction can impact a person’s future.

Temporary Protective Order Issuance: A person may have a temporary protective order (TPO) issued against them in Georgia if they have been charged or convicted of a family violence offense or have made a threat of violence against a person as defined under the family violence statute. This can limit contact with loved ones and remove an accused person from their home.

Effect on Divorce and Child Custody Matters: A conviction of family violence in Georgia may result in one of the spouses successfully petitioning for an at-fault divorce. This may impact an accused’s finances. Domestic violence accusations may also hamper a parent’s child custody rights.

A Record of Domestic Violence: Having an arrest or a conviction of domestic violence may make it difficult to obtain a job or housing in the future. It may also negatively affect you if you are charged or convicted of another crime.

Challenges to Georgia Domestic Violence Laws

According to Georgia’s Commission on Family Violence, family violence incidents in the state declined by 21.2% between 2019-2023. This presents a positive turnaround, which can be further increased by becoming better acquainted with family violence legislation in the state.

Still, there are challenges to properly legislating family violence incidents. Matters of child discipline, self-defense, and differences between anger, emotional abuse, and violence can leave individuals navigating a gray area of the law that may be unable to completely handle all family matters.

FAQs

What Are the Domestic Violence Laws in Georgia?

Domestic violence laws in Georgia, referred to as family violence laws, attempt to define what constitutes a family violence crime and provide legal remedies for incidents that occur within a domestic partnership and that violate the law. Georgia Code §§ 19-13-1 — 19-13-6 provides a more detailed overview of what these laws constitute.

Can a Domestic Violence Case Be Dropped in Georgia?

A domestic violence case cannot be dropped in Georgia unless the prosecuting attorney does not find enough probable cause to charge an individual with a family violence crime. When authorities are made aware of a domestic violence incident, including assault, battery, or unlawful restraint, they should perform an adequate investigation that may lead to evidence of a crime having taken place.

How Long Do You Go to Jail for Domestic Violence in Georgia?

How long you go to jail for domestic violence in Georgia depends on the scope of the crime and whether or not it is a first-time offense. Additional aggravating factors – if minors are involved or if it includes a sex crime – can translate to a longer jail or prison sentence for a convicted person.

What Happens if You Break a TPO in Georgia?

A person who breaks a temporary protective order in Georgia that was issued under family violence law may face misdemeanor charges. If found guilty, they may need to pay a fine and spend time in jail. Continued violation of a TPO may result in felony charges and can negatively impact a pending criminal case.

Georgia Domestic Violence Laws Are Constantly Evolving

Though the law tries to be thorough in its prescription, there can be gray areas that the law may be unable to properly adjudicate. It is wise to consult a criminal defense attorney to make sure the situation constitutes a family violence crime and discuss how to resolve a case in the most favorable way possible for you and your loved ones.

Our criminal defense attorneys at Miller North & Brill work tirelessly to provide you with the representation you deserve. Contact our office to learn more about how we can help.