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Domestic Violence Defense in Georgia

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Domestic violence charges (Family Violence Battery) in Georgia carry severe consequences that extend beyond criminal penalties. Under O.C.G.A. § 16-5-23.1, family violence battery is a misdemeanor that can result in up to 12 months in jail, fines, mandatory anger management programs, and a protective order prohibiting you from approaching your home and your family. A second conviction becomes a felony carrying 1 to 5 years.

In Georgia, family violence includes acts between current or former spouses, parents of the same child, persons living in the same household, and parents and children. Gwinnett County police are required to make an arrest when there is evidence of family violence under O.C.G.A. § 17-4-20.1. This means arrests are frequently made based on one-sided accounts of the facts.

For non-citizens, a domestic violence conviction is particularly devastating. Under INA § 237(a)(2)(E), a domestic violence offense conviction is a basis for deportation. It is a crime involving moral turpitude (CIMT) that can block green card applications, naturalization, and DACA. The defense must consider immigration implications from the very first moment.

Steps You Should Take

1

Do Not Violate the No-Contact Order

This is the most important condition of your bail. Do not call, do not send messages, do not use third parties to communicate with the alleged victim. A violation results in bail revocation and new charges.

2

Call (770) 609-9396 Immediately

Domestic violence defense requires swift action to preserve evidence, secure witnesses, and establish your account of the facts before the prosecution solidifies its case.

3

Document Your Account

Write down everything you remember about the incident with as much precision as possible. If there were witnesses who saw what actually happened, identify them for your attorney.

4

Disclose Your Immigration Status

If you are not a citizen, your criminal defense attorney must coordinate with an immigration attorney to design a strategy that protects both your freedom and your immigration status.

Frequently Asked Questions

Do police have to arrest someone on a domestic violence call?
Yes. Under O.C.G.A. § 17-4-20.1, if police find probable cause that family violence occurred, they must make an arrest. There is no option to simply issue a warning. This leads to arrests based on one-sided accounts of the facts.
Can I return to my home after the arrest?
It depends on the bail conditions. A no-contact order is frequently imposed as a condition of bail, prohibiting you from approaching the alleged victim and your shared residence. Violating this order results in a new criminal charge.
Can the victim drop the charges?
In Georgia, the victim does not control the charges. The decision to prosecute belongs to the district attorney. Even if the victim does not wish to cooperate, the prosecution can proceed with other evidence (photos, police reports, recorded statements). However, the victim's lack of cooperation can affect the strength of the case.
What is a Temporary Protective Order (TPO)?
A Temporary Protective Order (TPO) under O.C.G.A. § 19-13-3 prohibits the accused from contacting the victim, approaching the residence, and may grant temporary custody of the children and exclusive use of the home. Violating a TPO is a separate criminal offense.
How does this affect my immigration case?
A domestic violence conviction is a direct basis for deportation under INA § 237(a)(2)(E) and may be classified as a CIMT. This blocks green cards, citizenship, and can revoke existing status. The defense must avoid a domestic violence conviction at all costs to protect your status.

Applicable Laws

O.C.G.A. § 16-5-23.1Family violence battery: misdemeanor on first offense, felony on second.
O.C.G.A. § 17-4-20.1Mandatory arrest in family violence cases when probable cause exists.
O.C.G.A. § 19-13-3Temporary Protective Orders (TPO) in family violence cases.
INA § 237(a)(2)(E)Deportation for domestic violence offense conviction.

Related Services

Órdenes de ProtecciónDerecho FamiliarAsalto y AgresiónDefensa CriminalVAWALey de Inmigración

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DUI
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Juvenile Crimes
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Probation Violations
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Weapons Charges
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Felony Defense

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