Here at Kilgore & Rodriguez, we get this question a lot. It’s a common misconception that for a domestic violence arrest to occur in Georgia, there must be visible physical injuries or “evidence” like bruises or broken objects. The reality is, you absolutely can be arrested for domestic violence in Georgia without any physical evidence.
Here’s why:
- Probable Cause is Key: Law enforcement officers in Georgia can make an arrest for domestic violence if they have “probable cause” to believe that an act of family violence has occurred. Probable cause is a lower standard of proof than “beyond a reasonable doubt” (which is required for a conviction). It means there are enough facts and circumstances to lead a reasonable person to believe a crime has been, is being, or is about to be committed.
- What Constitutes “Family Violence” in Georgia? Georgia’s Family Violence Act defines a range of acts that qualify, and it’s not limited to physical harm. These can include:
- Any felony
- Assault (which can be simply placing someone in fear of immediate violent injury, even without physical contact)
- Battery (which can include physical contact that is insulting or provoking, not just causing injury)
- Simple assault
- Simple battery
- Stalking
- Criminal damage to property
- Criminal trespass
- Unlawful restraint
- Beyond Physical Injuries: Police will consider various factors when determining probable cause, even without visible injuries, such as:
- Statements from the alleged victim: Their account of what happened, even if there are no marks, can be enough.
- Witness statements: Neighbors, children, or anyone else who heard or saw something can provide crucial information.
- 911 calls: The content of an emergency call, including the tone of voice, background noises, or direct statements, can be used as evidence.
- Damage to property: If items were broken or thrown, that can indicate a domestic dispute.
- Fear expressed by the alleged victim: If the alleged victim expresses fear for their safety, this can contribute to probable cause.
- Prior incidents: A history of domestic disturbances, even if arrests weren’t made previously, can be considered by officers.
- Officer observations: How the parties are behaving when police arrive, signs of a struggle, or emotional distress can all play a role.
- “Preferred Response is Arrest”: In Georgia, if an officer has probable cause to believe domestic abuse has occurred, arrest is often the preferred response. This means even if the alleged victim doesn’t want to press charges, the officer may still make an arrest. The decision to pursue charges then rests with the prosecutor, not the alleged victim.