When you’re dealing with accusations of domestic violence in Georgia, it’s crucial to understand exactly what the law defines as such. Here in Georgia, what many people call “domestic violence” is legally referred to as “family violence” under the Georgia Family Violence Act (O.C.G.A. § 19-13-1).
It’s broader than many people realize, and it’s not just about physical altercations. For an act to be considered family violence, two things must be present:
- A specific type of relationship between the individuals involved.
- The commission of certain offenses.
Let’s break it down:
Qualifying Relationships
The act must occur between one of the following “family or household members”:
- Past or present spouses
- Persons who are parents of the same child (regardless of whether they’ve ever lived together)
- Parents and children
- Stepparents and stepchildren
- Foster parents and foster children
- Other persons living or formerly living in the same household (this can include siblings, roommates, or even romantic partners who shared a residence).
Important Note: The law specifically excludes “reasonable discipline administered by a parent to a child in the form of corporal punishment, restraint, or detention” from the definition of family violence.
Specific Offenses
If the relationship requirement is met, the “family violence” designation applies when one or more of the following acts are committed:
- Any felony offense: This is a broad category. If a felony crime is committed between qualifying family or household members, it can be prosecuted as family violence.
- Specific misdemeanor offenses:
- Battery: Intentionally causing substantial physical harm or visible bodily harm (like a black eye, swollen lip, or significant bruising).
- Simple Battery: Intentionally making physical contact of an insulting or provoking nature, or intentionally causing physical harm.
- Assault: Attempting to commit a violent injury to another person.
- Simple Assault: Committing an act that places another person in reasonable apprehension of immediately receiving a violent injury.
- Stalking: Following, placing under surveillance, or contacting another person without their consent for the purpose of harassing and intimidating them, and causing emotional distress.
- Criminal Damage to Property: Destroying or damaging property, whether intentionally or recklessly.
- Unlawful Restraint: Illegally holding or detaining someone against their will.
- Criminal Trespass: Knowingly entering or remaining on the property of another without authorization, or interfering with another’s property rights.
Why This Matters
The “family violence” designation significantly impacts how these cases are handled in Georgia. For instance:
- Enhanced Penalties: Many of these offenses carry harsher penalties when committed in a family violence context, often moving from a regular misdemeanor to a “misdemeanor of a high and aggravated nature,” which can mean more jail time and higher fines. Subsequent convictions for family violence battery can even become felony offenses.
- Temporary Protective Orders (TPOs): Victims of family violence can petition the court for a Temporary Protective Order, which can prohibit contact, grant temporary custody of children, award temporary use of a residence, and more.
- No-Contact Orders: Even without a formal TPO, a judge will often issue a bond condition prohibiting the accused from having contact with the alleged victim while the case is pending.
- Impact on Custody and Divorce Cases: Accusations or convictions of family violence can heavily influence child custody and visitation decisions in family law proceedings.
- Prohibited from Possessing Firearms: Federal law prohibits people convicted of family violence offenses from possessing a firearm.
If you or someone you know is facing a domestic violence charge in Georgia, it’s absolutely critical to seek experienced legal counsel immediately. These cases are complex, carry serious consequences, and require a robust defense strategy. Don’t hesitate to reach out to a qualified criminal defense attorney who understands Georgia’s family violence laws inside and out.