If you are accused of physical harm, offensive touching, or instilling fear of harm in a person with whom you share a close relationship, you will face a domestic violence charge. In Georgia, this is legally termed family violence. G.A. Code §19-13-1 authoritatively defines family violence as any felony, battery, simple battery, simple assault, stalking, criminal damage to property, unlawful restraint, or criminal trespass committed against a family or household member. Our skilled Atlanta domestic violence lawyers provide clear guidance through the prosecution process for both misdemeanors and felonies.
Qualifying Relationships Under GA Law
An offense that occurs between persons who share any of the following types of relationships constitutes domestic violence in Georgia:
- Persons who were formerly married
- Spouses
- Persons who are parents of the same child
- Parents and children
- Stepparents and stepchildren
- Foster parents and foster children
- People who used to live together
- People who currently live together
Georgia law provides a specific exception: when a parent administers reasonable discipline through physical punishment, restraint, or detention, this is not considered family violence.
Will I Be Charged with a Misdemeanor or Felony?
Domestic violence may be charged as a misdemeanor or felony. Misdemeanors include lesser offenses such as assault, battery, or trespass. If the victim is 65 or older or pregnant, the charge is a high and aggravated misdemeanor. Repeat minor offenses become felonies. Severe crimes, such as aggravated battery or assault, are always felonies, even for first offenses.
Filing Domestic Violence Charges
Georgia prosecutes domestic violence offenses in the superior court. The process differs based on the level of charge—misdemeanor or felony.
Misdemeanor Charges
When a defendant is charged with a misdemeanor for a domestic violence offense, an accusation will be filed by the prosecutor with the superior court. An accusation is the formal document that begins the court process. The accusation will follow your arrest and formally charge you (the defendant). You will be served notice of accusation, stating when you must appear in court.
At your initial court appearance (arraignment), you will be advised of your Constitutional rights, and the charges will be formally presented. You must enter a plea. Upon a not-guilty plea, the matter proceeds to discovery, pretrial hearings, and, if necessary, trial. You may also choose to accept a plea agreement at any stage to avoid trial.
Felony Charges
Felony charges typically require indictment. At this stage, a grand jury reviews the prosecution’s case. If probable cause is established, a "true bill" is issued, formally initiating charges. Only after a true bill does arraignment proceed. If not indicted ("no bill"), charges are dismissed.
Repercussions of a Domestic Violence Conviction
A domestic violence conviction in Georgia carries severe consequences: lengthy prison time, substantial fines, and lasting reputational harm. This applies to both misdemeanor and felony convictions. Given the gravity of these outcomes, it is imperative to retain a proven domestic violence attorney.
At Ghanayem & Rayasam, our legal team will evaluate the charges against you and determine the best course of action (whether that be taking a plea deal or arguing your case in court). While the process may seem overwhelming, our team of legal professionals has experience handling a wide range of legal issues and is ready to apply our knowledge to your case.
Speak with Our Atlanta Domestic Violence Lawyers Today
Accusations of physically harming a family or household member demand immediate, decisive legal representation. Ghanayem & Rayasam’s Atlanta domestic violence attorneys have consistently secured favorable outcomes for individuals accused of family violence. Our experienced team is prepared to advocate forcefully on your behalf throughout this challenging process.
Contact us today to schedule a free consultation with one of our attorneys. Reach out online or call (404) 561-0202 to discuss your case with our team and get the legal guidance you need.