Domestic Violence

Georgia domestic violence law is complicated. Atlanta domestic assault and battery lawyers need extensive experience in Georgia criminal law. I am criminal defense attorney Thomas C. Nagel, and I get results for clients going through tough and difficult times. I have represented good people charged with domestic violence and family violence for over 25 years throughout Georgia, while focused in Fulton, Gwinnett, Cobb and Dekalb counties.

Georgia domestic violence laws are designed to protect people involved in family relationships, dating relationships, or those living in the same household from violence by those closest to them. Past or present spouses, parents and children, foster parents, or really anyone living or formally living in the same household can be charged under Georgia Law. Georgia Domestic Violence Law is also known as Family Violence, Intimate Partner Violence, or Teen Dating Violence Law.

Those charged with domestic violence in Georgia must immediately contact a lawyer. Possible penalties for domestic violence in Georgia may be a felony or a misdemeanor. Those convicted of domestic violence may receive jail time, probation, anger management, community service and fines and fees. Not to mention a domestic violence charge can cause permanent damage to your reputation, loss of employment, loss of your 2nd Amendment Right to own or carry a firearm, loss of child custody, and even exclusion from your own home.

• Assault
• Battery
• Spousal Rape
• Child Abuse
• Spousal Abuse
• Harassment
• Verbal Threats
• Any Kind of Physical Abuse

• Hit, kick, choke, or shove
• Use or threaten use of weapons or physical objects
• Forced sex, even for a wife or husband
• Make you afraid for your safety
• Criminal damage to property
• Unlawful restraint
• Stalking

Many types of domestic violence charges stem from calls to the police during an argument or fight between family or those living in the same house. Unfortunately, accusations of domestic violence are used as a cudgel against another family member or during a divorce proceeding. Please note, many people believe that domestic violence only can occur between spouses, but this is incorrect, although many domestic violence charges do result from those living together as husband and wife or between those living together as domestic partners in some way.

Domestic violence in Georgia can result in a civil complaint, criminal charges, or both. Domestic Violence Protection orders are restraining orders are often issued either in criminal or civil cases. A person who has alleged physical violence or threats of violence can seek an order of protection in civil court that will protect the individual from harm. The Court may issue an order without the defendant present but must contain specific facts and include probable cause that an act prohibited by the Georgia Statute has been violated. A court can exclude you from your home, obtain property from you for the use of others, such as cars or homes, order that you have no contact with the “victim,” and even no contact with your own children.

A hearing must then be held within 30-days where you can defend yourself against a Civil Domestic Violence Protection Order. Facts must be presented and establish guilt by a preponderance of evidence. Most people believe that Beyond a Reasonable Doubt is the standard to establish guilt, but a different standard applies in civil cases.

A criminal court can also order you not to have contact with an alleged victim while out on bond, or while on probation. A violation of these orders can have significant criminal consequences themselves. A contempt of Court charge is punishable by up to one year in jail and serious fines. You can also be charged with stalking and aggravated stalking for violating these orders in addition to any domestic violence charges you are already facing.

Domestic abuse allegations are taken very seriously in Georgia and throughout the Nation. There are numerous defenses that you can employ to fight a domestic abuse charge. For instance, domestic abuse allegations are normally he said/she said type of allegations. Simple defenses include:

• I did not do it
• She/He is lying
• Self-Defense
• Accident
• The domestic violence accusation cannot be proved beyond a reasonable doubt to a jury of your peers
• Lack of probable cause or some other procedural issues such as illegal arrest or invalid warrant, evidence may be excluded by a motion to exclude

Also remember that the alleged victim in a domestic violence case will be subject to intense cross-examination during a trial. The State must prove a crime beyond reasonable doubt and evidence must be presented other than the statement by a victim to establish guilt. Any evidence presented by the State of Georgia will be subject to cross-examination by a reputable criminal defense lawyer.

Please be sure to read my Georgia Criminal Defense Attorney blog as well. I regularly update my blog on Atlanta criminal defense and criminal procedure issues. Here is a recent article discussing valid warrant and probable cause requirements in Georgia. All lawyers should be regularly writing and publishing on Georgia Law, in my opinion, to be a more successful criminal attorney and knowledgeable on recent updates in the law.

If you have been accused of a domestic violence or family violence charge in Georgia, you need an experienced criminal defense lawyer to protect your Rights. I have over 25 years experienced helping clients charged with domestic violence. I am licensed to practice law in every court in the State of Georgia and I have represented thousands of clients and spent thousands of hours working successfully for my clients.

I have earned an AV rating through The Martindale Hubbell peer review rating system and was named one of Georgia's legal elite as published in Georgia Trend. I am familiar with the legal process, criminal law, procedure, and personalities who will prosecute and judge your alleged crimes. Please contact me for a free consultation if you need help. I feel confident that I can help you fight and defend against domestic violence charges. I can help you protect your Rights, freedom, reputation, finances, access to your children, and more. Please check out my client reviews and testimonials here. I represent client throughout Georgia and in Fulton, Gwinnett, Cobb & Dekalb Counties.