When a person physically abuses another person, there are situations in which it is battery and there are situations in which it is considered domestic violence. So, what is the difference? How do you know?
Domestic violence laws in Georgia can be confusing. The terms are broad, and while domestic violence is like other crimes, there are some differences. Here’s what you need to know in case you have been charged with domestic violence or believe you are a victim.
What the Law Says
Domestic violence laws are outlined in Ann. Code §§ 19-13-1 and 19-13-10. The law discusses family violence, which means the commission of various offenses between family or household members.
Under Georgia law, domestic violence includes:
- Physical harm (hitting, slapping, punching, choking, or restraining)
- Assault (attempting to cause physical harm)
- Battery (causing physical harm to another)
- Stalking (following, harassing, or contacting someone to intimidate them)
- Criminal damage to property (destroying a victim’s belongings)
- Unlawful restraint (holding someone against their will)
- Criminal trespass (entering someone's property without permission)
The abuse does not have to be physical in nature. Emotional abuse would also be considered domestic violence. This would include inflicting mental or emotional distress through threats, humiliation, intimidation, or controlling behavior. However, domestic violence does not include reasonable discipline administered by a parent to a child in the form of restraint, detention, or corporal punishment.
A person commits simple assault when a person attempts to commit a violent injury to another person. A person commits simple battery when they intentionally make unwanted physical contact with another person with the intent to cause physical harm. A person who commits simple assault or simple battery against a household member will be punished for an aggravated misdemeanor.
Aggravated assault may include the following:
- The intent to murder, rape, or rob
- The use of a deadly weapon or any object that can be used to cause serious bodily injury
- The use of any object, device, or instrument that can result in strangulation
- The discharge of a firearm from within a motor vehicle toward a person
The following family members are subject to these laws:
- Past or present spouses
- Parents of the same child
- Parents and children
- Stepparents and stepchildren
- Foster parents and foster children
- Other persons living in the same household
This means domestic violence can encompass a variety of crimes, such as child abuse, spousal abuse, domestic partner abuse, and elder abuse.
Contact Our Georgia Domestic Violence Lawyers Today
Domestic violence is a broad term. It is helpful to define it so you know what it entails and understand the law.
The Georgia domestic violence lawyers at Ghanayem & Rayasam can give you the advice you need. Our ethics, skills, and knowledge help our clients in obtaining the best possible results. Schedule a consultation today by calling (404) 561-0202 or filling out the online form.