Newnan Domestic Violence Lawyer

Mandatory Arrest Laws Don't Care Who Started It

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Domestic Violence Defense in Newnan, GA

Table of Contents

Charged with Family Violence in Newnan?

Allegations of domestic violence carry weight—and not just in the courtroom.

These charges can affect where you live, whether you see your children, your right to own firearms, and even your employment. In Georgia, accusations of “family violence” don’t just include physical harm; they can stem from a wide range of alleged conduct, from verbal threats to property damage.

At J. Ryan Brown Law, we know what’s at stake. We defend people accused of domestic violence in Newnan and throughout Coweta County. Whether it’s your first encounter with the legal system or you’re facing allegations in the context of a divorce or custody dispute, we’re ready to listen without judgment—and fight relentlessly for your rights.

What Counts as Domestic Violence in Georgia?

Under GA Code § 19-13-1 (2024), the term “family violence” includes any felony, as well as specific misdemeanor offenses committed between people with certain relationships:

Current or former spouses
Parents of the same child
Parents and children
Stepparents and stepchildren
Foster parents and foster children
Anyone currently or formerly living in the same household

Covered Offenses Include:

Battery and Simple Battery
Assault and Simple Assault
Stalking
Criminal Trespass
Unlawful Restraint
Criminal Damage to Property

Protective Orders and Immediate Consequences

In most domestic violence cases, the legal process doesn’t start with an arrest—it starts with a temporary protective order (TPO). A judge can issue a TPO without notice to you, based solely on the alleged victim’s sworn statement. Once issued, the order may:

Ban you from contacting the other person
Force you out of your home
Suspend visitation rights
Restrict firearm possession
Impact your custody or divorce proceedings

You’ll be entitled to a hearing within 30 days, and it’s critical to have a lawyer who knows how to challenge restraining orders effectively. If the TPO becomes permanent, it can stay on your record and follow you for years.

What to Expect After a Domestic Violence Arrest

If you’ve been arrested for a domestic violence offense in Newnan, you’re likely being charged with a family violence battery (FVB) or another misdemeanor-level offense with enhanced consequences under Georgia law. Here’s what to expect:

Booking and Bond

You may be held for 24–72 hours without bond under Georgia’s family violence hold provisions.
If a judge grants bond, it often includes no-contact conditions and orders to stay away from shared property or children.

First Appearance & Arraignment

You’ll be formally notified of your charges.
A prosecutor may try to impose additional restrictions or seek a protective order.

Prosecution

Prosecutors can proceed even if the alleged victim wants to drop the charges.
Evidence like 911 calls, text messages, social media messages, and prior incidents may be used against you.

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Felony vs. Misdemeanor Domestic Violence

While many domestic violence charges are misdemeanors, certain factors can escalate a case to a felony, such as:

Strangulation or use of a weapon
Multiple prior convictions for family violence battery
Serious physical injury
Violation of a protective order
Underlying felony conduct (e.g., aggravated assault, false imprisonment)

A felony domestic violence conviction can result in years of prison time, a lifetime firearm ban, and the loss of fundamental rights. It’s essential to work with a defense lawyer who understands how to prevent a misdemeanor from turning into a life-altering felony.

Collateral Consequences of a Domestic Violence Conviction

Even a first-time conviction for a misdemeanor family violence offense can come with major repercussions beyond jail time:

Permanent criminal record—family violence offenses cannot be expunged in Georgia
Loss of firearm rights under federal law
Immigration consequences for non-citizens, including possible deportation
Loss of child custody or visitation rights
Professional licensing and employment issues
Housing restrictions, especially in federally funded housing

That’s why we take a long-view approach to every case—looking not just at avoiding jail, but at protecting your life and livelihood long after the case ends.

How We Defend Domestic Violence Charges in Newnan

No two family violence cases are alike. Some arise from genuine conflict. Others are weaponized during breakups, custody disputes, or divorce proceedings. At J. Ryan Brown Law, we investigate every angle—and hold the state to its burden of proof.

Common Defense Strategies:

Challenging the alleged victim’s credibility
Disproving the presence of intent or injury
Demonstrating self-defense or mutual combat
Revealing false accusations tied to family court motives
Uncovering procedural mistakes by law enforcement
Using text messages, call logs, or video to undermine claims

We also look for pretrial diversion opportunities or negotiate for dismissals, conditional discharges, or reduced charges when that’s in your best interest. If necessary, we’re fully prepared to go to trial and present your side of the story.

First-Time Family Violence Charges

If this is your first offense, you may be eligible for certain diversion programs or conditional discharge under Georgia law. While not always offered, we fight to get clients into:

Family violence intervention programs (FVIPs)
Anger management or counseling in lieu of jail
Dismissal after successful program completion
No-contact orders with negotiated carve-outs for custody or visitation

However, once a family violence offense is on your record, even as a plea, it can never be sealed. That makes it vital to resolve your case in a way that protects your future—not just your present situation.

What If the Alleged Victim Wants to Drop Charges?

This is a common—and misunderstood—situation. The truth is:

Only the prosecutor has the authority to drop charges, not the alleged victim.
However, the victim’s input can influence the outcome in some cases, but prosecutors routinely pursue charges over the alleged victim’s wishes.
Our team can communicate with prosecutors (when appropriate) and present evidence to show the case lacks merit.

Charged with Family Violence in Newnan? Talk to Us Before Talking to the Court.

Domestic violence charges don’t go away on their own—and trying to explain your side without a lawyer can backfire. Whether you’re dealing with a heated misunderstanding, false allegations, or a real conflict that got out of hand, you deserve a defense that puts your future first.

At J. Ryan Brown Law, we know the Coweta County courts, judges, prosecutors, and diversion programs. We’ve helped clients get charges dismissed, avoid permanent records, and preserve their family relationships.

Your Rights Matter. Let’s Defend Them.

Don’t let a domestic violence accusation define your future. Contact our Newnan defense team today for a confidential consultation. The sooner we’re involved, the better your options. We’re ready when you are.

Fulton County Superior Court

Handles felony criminal cases in Georgia’s busiest court system.