Domestic Violence Lawyer in Griffin, Georgia

If you’re a victim of domestic violence and you’re looking for legal representation, you’re not alone. Domestic violence is a critical issue that affects individuals, families, and communities across the United States. In Georgia, the law provides specific protections for victims of domestic violence, including legal actions, support services, and criminal penalties.

Harding Law Firm, LLC is committed to guiding clients through some of the most difficult and sensitive times in their lives. With years of focused experience in family law cases, they offer compassionate counsel and aggressive representation, whether advocating for victims seeking protection or defending those wrongfully accused. 

Understanding the emotional and legal intricacies involved, the firm provides clear, strategic guidance tailored to each client’s unique situation. With discretion, dedication, and a deep respect for justice, Attorney Harding stands ready to protect what matters most. 

Harding Law Firm, LLC is proud to represent clients who have suffered harm due to domestic violence. Serving Griffin, Georgia, and the surrounding areas, Attorney Harding will fight for your case with knowledge and skill. Contact Harding Law Firm, LLC today for a consultation.

Legal Definition of Domestic Violence in Georgia

Under Georgia law, domestic violence is defined as any physical harm, bodily injury, or assault, as well as the act of placing someone in reasonable fear of such harm, by a family member or someone with whom the victim shares a domestic relationship. The legal definition is broad and can include various forms of abuse, such as physical, emotional, and psychological violence.

Georgia’s domestic violence laws are primarily found under O.C.G.A. § 19-13-1 and O.C.G.A. § 16-5-23.1, which classify domestic violence as a crime and provide victims with legal recourse. The laws address both criminal actions and civil remedies for victims. For example, the law covers physical assault, battery, stalking, and even emotional abuse in some cases.

To fall under the Georgia definition of domestic violence, the victim and the perpetrator must be in a qualifying domestic relationship. These relationships are explicitly defined by state law and include:

• Spouses

• Former spouses

• Parents and children

• People who share a child

• Current or former partners in a romantic relationship

• People living in the same household

If the abuse occurs between individuals outside of these relationships, the situation may be handled differently under Georgia’s general criminal laws, but wouldn’t be classified as domestic violence.

Types of Domestic Violence Offenses

Georgia law recognizes several specific criminal offenses related to domestic violence. These offenses can range from misdemeanors to felonies, depending on the severity of the act and the nature of the relationship between the victim and the perpetrator.

• Battery: This charge involves the intentional infliction of harm or injury on another person. In cases of domestic violence, this charge can be elevated to a felony if the victim suffers serious injury or if the defendant has prior convictions for domestic violence-related offenses.
  

• Aggravated battery: This offense involves the intentional infliction of serious bodily injury, such as disfigurement, the loss of function of a body part, or other serious harm. Aggravated battery is classified as a felony and can result in significant penalties.
  

• Simple assault: A charge of simple assault may be filed if an individual attempts to commit battery or places another in fear of harm. For instance, threatening behavior that does not result in injury may still result in a charge of assault.
  

• Stalking: Stalking, which involves a pattern of behavior that causes a person to fear for their safety, is also a form of domestic violence. The law defines stalking as a course of conduct directed at a specific person that causes emotional distress or fear.
  

• Criminal damage to property: In the context of domestic violence, this offense involves destroying or damaging property with the intent to cause harm or distress to the victim.
  

• Harassing communications: This law makes it illegal to make repeated phone calls, send threatening letters, or engage in other forms of communication intended to harass or intimidate a victim.
  

• Interference with custody: This offense can arise in domestic violence situations where one parent attempts to prevent the other from seeing or having custody of their children.

Georgia law addresses domestic violence through various criminal offenses, ranging from misdemeanors to felonies, with enhanced penalties for repeat offenders and firearm restrictions. Victims are also protected through civil measures like Family Violence Protective Orders and supported by numerous state-wide resources.

Protective Orders

One of the most important tools available to victims of domestic violence in Georgia is the ability to obtain a protective order, also called a Family Violence Protective Order (FVPO). These orders are intended to provide immediate relief for victims of domestic violence by prohibiting the abuser from contacting or approaching the victim.

A Family Violence Protective Order can be filed in civil court, and victims do not need to press criminal charges against the abuser in order to seek this protection. The court may issue an emergency order that lasts up to 30 days or issue a more permanent order that can last for a year or longer.

In Georgia, victims seeking a Family Violence Protective Order must petition the Superior Court in the county of residence or where abuse occurred, detailing violent acts or threats. The court may grant an emergency order, followed by a hearing within 30 days to decide on a longer-term order.

The protective order may:

• Order the abuser to stop all contact with the victim (including phone calls, emails, and physical contact).
  

• Evict the abuser from the shared home.
  

• Grant the victim temporary custody of children.
  

• Order the abuser to stay away from the victim's workplace or school.
  

• Require the abuser to surrender any firearms.

Violating a Family Violence Protective Order is a criminal offense and can lead to arrest and additional penalties.

Penalties for Domestic Violence Offenses

The penalties for domestic violence-related offenses in Georgia depend on the severity of the offense and the criminal history of the perpetrator. Domestic violence crimes are typically classified as misdemeanors or felonies, with felonies carrying more severe consequences.

• Misdemeanor domestic violence offenses: Misdemeanors include offenses such as simple battery or harassment. Convictions for these offenses may result in jail time of up to one year, fines, and mandatory counseling or anger management classes.
  

• Felony domestic violence offenses: Felonies are more serious and include charges such as aggravated battery, stalking, and certain instances of battery that cause significant harm. Felony convictions can result in long prison sentences, large fines, extended probation periods, and a permanent criminal record.
  

• Repeat offenders: Georgia law includes enhanced penalties for repeat offenders of domestic violence. If the defendant has a history of domestic violence convictions, the penalties can be more severe, with longer prison sentences and higher fines.
  

• Domestic violence and firearm restrictions: Under both state and federal law, individuals convicted of domestic violence crimes may lose their right to possess firearms. This is particularly relevant in Georgia, where domestic violence offenders may be prohibited from purchasing or owning firearms as part of their sentencing.

In Georgia, penalties for domestic violence offenses range from misdemeanors with potential jail time, fines, and mandatory counseling to felonies carrying lengthy prison sentences and substantial fines.

Legal Protections and Support for Victims

In addition to the legal actions available to victims, Georgia has several organizations and resources to support those affected by domestic violence. The Georgia Coalition Against Domestic Violence (GCADV) provides training, advocacy, and resources for survivors of domestic violence and works to strengthen the state’s legal protections for victims.

Other organizations, such as the Georgia Legal Services Program (GLSP), offer free or low-cost legal assistance for victims seeking protective orders or other legal relief. Additionally, there are numerous shelters and hotlines throughout the state where victims can receive immediate help.

The Georgia Domestic Violence Hotline, operated by the Georgia Coalition Against Domestic Violence, is available 24/7 and can help individuals access emergency shelter, legal support, and other resources. Victims can also find emotional support, safety planning, and advocacy services.

Domestic violence is a serious and pervasive issue in Georgia, as it is across the United States. However, Georgia law provides a range of legal protections and remedies for victims, including criminal penalties for abusers, civil protective orders, and a variety of support services for those affected.

Speak to a Domestic Violence Lawyer Today

Surviving domestic violence is a challenging time, and you don’t have to face it alone. Harding Law Firm, LLC serves clients in Spalding County, Butts County, Lamar County, Monroe County, and Henry County and is prepared to support you and your case with knowledge and meticulous attention to detail. Contact Attorney Harding today.