Domestic violence laws in Georgia protect against physical, sexual, and emotional abuse among family members. You don't have to be married to someone to be a victim of domestic violence in the state.
Georgia’s Family Violence Act is a law designed to protect those who are abused by the following:
- Past or present spouses
- Parents of the same child
- Parents and children
- Stepparents and stepchildren
- Those living in the same household
Domestic violence is taken seriously in Georgia. Those who are convicted of this crime can face various consequences. Here is a look at them.
Criminal Penalties
A first offense of domestic violence is typically a misdemeanor, punishable by:
- Up to 12 months in jail.
- A $1,000 fine.
- Probation with conditions such as anger management or domestic violence intervention programs.
A second offense against the same victim is a felony, which carries up to five years in prison. Aggravated assault (such as using a weapon, strangulation, or causing serious injury) can lead to much harsher penalties, including longer prison sentences.
Protective Orders
Also known as a restraining order, a temporary protective order may be ordered by the victim to:
- Prohibit the defendant from contacting or harassing the victim
- Require the defendant to move out of a shared residence
- Order temporary custody of children to the victim
- Restrict visitation rights
If a protective order is violated, the defendant could face additional criminal charges and jail time.
Firearm Restrictions
A domestic violence conviction can result in a lifetime ban on firearm ownership. Even misdemeanor domestic violence convictions prevent firearm possession, impacting jobs in law enforcement, security, and the military. Georgia law may allow firearm rights to be restored in certain cases, but federal law still applies.
Child Custody and Divorce Impact
Family courts prioritize child safety, so a domestic violence conviction negatively affects custody and visitation rights. A conviction may lead to:
- Loss of custody or supervised visitation only.
- An order to complete anger management or counseling before visitation is restored.
- A denial of parental rights in extreme cases.
If domestic violence occurs during a divorce, it can impact alimony, property division, and restraining orders.
Immigration Consequences
Non-citizens convicted of domestic violence may face deportation, denial of visas, or naturalization issues. Under federal immigration law, domestic violence is considered a deportable offense.
Additional Consequences
There may also be probation requirements, such as community service, counseling, and regular check-ins with an officer. Victims may sue for damages in civil court, so lawsuits may be an issue. Doctors, lawyers, teachers, and others in regulated industries could also lose their licenses.
Contact Our Georgia Domestic Violence Lawyers Today
Domestic violence is a serious crime. A person can face penalties even for a first offense.
Arrested for this crime? Need protection from an abusive spouse? Seek legal help from the Georgia domestic violence lawyers at Ghanayem & Rayasam. Whether you are a victim or an alleged offender, we can give you the best advice and assistance in regards to domestic violence. To schedule a consultation, fill out the online form or call (404) 561-0202.