Domestic violence charges can result in severe consequences for a convicted party. In many cases, an individual might be charged with a domestic violence offense even if the alleged victim does not seek charges or wants them filed. Regardless, the state may take up the case and prosecute the accused party at its sole discretion.
As a practiced defense attorney can attest, being charged is not equal to a conviction, so you should not give up on defending yourself after an arrest. Instead, a Newnan domestic violence lawyer could help you build a legal defense and seek justice on your behalf.
Domestic violence charges may be felonies or misdemeanors. Any charges like aggravated assault, battery, simple battery, stalking, false imprisonment, or criminal trespass are considered domestic violence when committed against any of the following individuals:
Physical violence is not a necessary element in domestic violence cases. Domestic violence may also include emotional abuse threatened violence, or simply restricting someone’s freedom. In some cases, it may even include cyberstalking.
However, it is essential to remember that the family violence designation does not apply when a parent reasonably disciplines a child through corporal punishment or restraint. A parent disciplining their child has a clear distinction from domestic violence, however, sometimes law enforcement can be quick to arrest even in corporal punishment situations and we must defend against those charges. An experienced attorney in Newnan can further explain the domestic violence laws and how they might apply to an individual’s case.
Domestic violence charges can carry additional penalties for underlying crimes. For instance, an assault between two parties who are not related is handled differently than an assault between spouses. When the family violence act (FVA) is attached to a charge we can often see increased mandatory minimums and prosecutors seeking enhanced prison sentences.
While domestic violence crimes such as Battery-FVA are initially treated as misdemeanors, repeat offenders may face felony charges with years in prison. Furthermore, convicted parties may see additional consequences and be placed under extended protective orders that require them to avoid contact with their accuser for years on end. In some cases, the protective order may even last longer than someone’s criminal sentence.
Additionally, domestic violence convictions may appear on a convicted party’s criminal record and impede their ability to seek future employment. Additionally, any family violence conviction will strip someone of their rights to possess firearms as well. The severity of consequences for a family violence conviction in Newnan makes it prudent to seek the counsel of an attorney who can provide valuable insight, experience, and planning to defend the individual.
Domestic violence charges and accusations alike carry a heavy burden for the accused and their loved ones. Fines and imprisonment are potential consequences for many crimes, but losing parental rights, being under restraining orders, losing the right to possess a firearm, and struggling to find employment can worsen a parent or spouse convicted of domestic violence. Even after serving time or completing mandatory punishments for the crime, a convicted party may suffer consequences that do not quickly disappear.
Contacting a Newnan domestic violence lawyer may be in your best interests to avoid or mitigate the potential consequences of a domestic violence charge. By contacting our office, you can schedule a consultation to discuss the details of your case. Reach out today.
J. Ryan Brown Law, LLC
J. Ryan Brown Law, LLC