Experienced Domestic Violence Defense Attorneys in Georgia

The legal process for domestic and family violence offenses can be intimidating and confusing. First and foremost, Marietta domestic violence defense attorneys Kilgore & Rodriguez handle cases with both tenacity and discretion. Entirely devoted to criminal defense, our experienced attorneys understand the complexities of domestic violence defense with expert knowledge of Georgia domestic violence laws as well as a detailed understanding of how the state prepares and prosecutes family violence, stalking and related cases.

Defendants in family violence cases often face an uphill battle. Law enforcement officials may be predisposed to assume guilt, and only concerned with discovering and securing evidence that points in that direction. The law, while well-intentioned to protect women, broadly defines domestic violence so that anyone who has lived under the same roof for any period of time, including ex-boyfriends and ex-girlfriends, may be subject to harsher penalties and restrictions under family violence laws than they would have been otherwise.

The legal process can be intimidating and confusing, especially for defendants who are unfamiliar with it. Skilled Cobb County domestic violence attorneys Maddox Kilgore and Carlos Rodriguez provide the strongest legal defense available in family violence cases. Our firm has a proven track record of successfully resolving cases by finding fair alternatives to prosecution or by negotiating with state prosecutors for lesser charges.

Georgia law categorizes certain criminal acts as “family violence.” These offenses are prosecuted specially and are subject to harsher criminal sentences such as increased jail time, mandatory 24-week certified Family Violence Intervention Program, anger and violence counseling, loss of your right to carry or possess a firearm, restrictions from contact with your spouse or children, and restrictions from living in the family home. Additionally, many family violence arrests lead to TPOs (Temporary Protective Orders), or 12-month protective orders.

Family Violence [OCGA § 19-13-1] is defined as:
1) Any Felony Offense; or Battery, Simple Battery, Simple Assault, Assault, Stalking, Criminal Damage to Property, Unlawful Restraint, or Criminal Trespass
AND
2) Committed Between the following:
Past or Present Spouses
Persons Who Are Parents of the Same Child
Parents and Children
Stepparents and Stepchildren
Foster Parents and Foster Children
Persons Living or Formerly Living in the Same Household

Stalking and Aggravated Stalking Defense
Courts have a great deal of leeway interpreting evidence in stalking protective order cases. The legal standards for establishing stalking are subjective. Most stalking protective orders are justified, but they are also a tool that can be misused for revenge or leveraged in ugly domestic situations. Maddox Kilgore and Carlos Rodriguez have a record of success helping accused people in Georgia with stalking and aggravated stalking cases.

Stalking [OCGA § 16-5-90]: The criminal offense of stalking occurs when a person follows, places under surveillance, or contacts another person at or about a place without the consent of the other person for purposes of harassing and intimidating the other person. “Harassing and intimidating” means a knowing and willful course of conduct directed at a specific person which causes emotional distress by placing such person in reasonable fear for themselves or their family. For a person to be guilty of stalking, the State must establish a pattern of harassing and intimidating behavior. Because judges in Georgia can find virtually any single event (or acts separated by many years) to constitute a “pattern of harassing and intimidating behavior”, a stalking charge can be very difficult to defend. Criminal defense attorneys Kilgore & Rodriguez have extensive experience and may be able to help with your stalking case.

Aggravated Stalking [16-5-91]: The criminal offense of aggravated stalking occurs when a person follows, places another under surveillance, or contacts another person without her consent for purposes of harassing and intimidating her in violation of an order prohibiting such behavior, such as a protective order or condition of probation. Aggravated stalking is a felony punishable up to 10 years in state prison. Because there will be no bond at the time of arrest for aggravated stalking, the impact of such an arrest can be devastating such as the loss of a job or eviction.

When facing serious life-changing criminal charges related to domestic violence, having a lawyer with real courtroom experience can make all the difference. Maddox Kilgore and Carlos Rodriguez put their decades of experience to work in tirelessly defending against charges of domestic violence.

Temporary Protective Orders (TPO): In Georgia, a court can enter a Temporary Protective Order (TPO) without a formal hearing in the presence of the target of the order. You should immediately seek legal counsel if a TPO is filed against you. TPOs are followed by formal hearings to determine whether a permanent restraining order should be in place in which you will have an opportunity to defend yourself against accusations. Marietta criminal defense attorneys Maddox Kilgore and Carlos Rodriguez can help.

Law enforcement officers investigating domestic violence cases will advise an abused party on how to obtain a TPO by filing a petition in Superior Court. If the victim alleges physical violence, harassment, threats, damage to property, or a pattern of stalking behavior, the judge will issue an ex parte TPO (an order of no contact) until a hearing can be held. The Sheriff will then serve the alleged abuser with a copy of the petition, TPO, and court date for the trial.

Do not ignore a TPO. The impact of a protective order can be as damaging as a criminal conviction. A Superior Court Judge has vast authority to grant relief to a party alleging abuse, including: no contact with victim, award of temporary custody of children, eviction from a marital residence, monetary support for a spouse or children, order for psychiatric examination, and attorney’s fees. Moreover, once a judge grants a protective order, an individual can no longer carry a firearm. Such a protective order can be made permanent and will appear on an individual’s criminal record just like a criminal arrest. Most frightening however is that once a protective order is in place any allegation of prohibited contact made by the former girlfriend or spouse will result in a felony arrest without bond for aggravated stalking.

Maddox Kilgore and Carlos Rodriguez are highly experienced in defending against these petitions for protective order and criminal allegations of domestic violence.

Types of Domestic & Family Violence Cases We Serve