Being accused of domestic violence can be a terrifying and isolating experience. Arrests can happen quickly and with very little evidentiary basis, leaving you unsure of what charges you are even facing. Although police often arrest someone right away to diffuse the situation, winding through the system toward a conviction only adds to your problems.
A domestic abuse conviction in Georgia could cost you your job, your family, your firearms permit, and your business and career if you possess a professional license that allows sanctions and bans for unprofessional conduct. A Palmetto domestic violence defense lawyer is prepared to help protect your rights after being accused of this crime. If you have been accused of domestic violence, contact a criminal defense attorney at J. Ryan Brown Law to get started on building your defense.
Domestic violence encompasses a variety of abuses against any member of an defendant’s household, including children, stepchildren, foster children, siblings, parents, grandparents, and live-in partners. Abuse does not even have to occur in the household to be considered domestic violence, as long as the parties involved are intimately linked. Georgia law does exclude parents who are reasonably disciplining their children with corporal punishment or restraint. Domestic violence or abuse can include:
Sometimes, false accusations are made in retaliation, or to gain an advantage in contentious issues and unstable relationships, such as child custody disputes. Anyone in a situation like this should contact a Palmetto domestic violence attorney who could work to combat false accusations and build a robust defense.
A person alleging domestic abuse often seeks a protective order, which courts can grant to keep the accused away from the accuser. Sadly, it could also mean that you cannot see children, either, if the judge decides to grant temporary custody to the complainant.
You may also have to leave the accuser’s residence, secure another residence for them, pay their attorney’s fees, child or spousal support, court costs, abide by court-ordered visitation schedules, and attend counseling. Violating a protective order could lead to charges of aggravated stalking, so it is crucial to consult with a local domestic violence attorney who is familiar with court protocol in these cases.
In Palmetto, you will face more severe penalties for a violence against a family member than violence against someone else. Potential penalties for domestic violence charges can include jail time, fines, required anger management classes, and required counseling.
Your criminal history, the severity of any injuries in your case, the victim’s position, and your mitigation evidence can all affect how the court imposes penalties. A Palmetto domestic violence attorney could further explain these distinctions and help you understand the penalties you might face given your unique situation.
There could be several defense options available in your case that your attorney could explore. One possible defense strategy could include contesting whether your actions meet the state’s definition of domestic violence. An experienced local domestic violence lawyer could challenge the actions listed in a complaint if they fall short of state laws defining domestic violence, including that the offense was committed against a family member.
You may also be able to claim self-defense if there was fear of bodily harm from the accuser. In criminal cases, the prosecutor for the State must prove the accused’s guilt beyond a reasonable doubt. Alibis, witness testimony, and defenses could sway the jury in your favor, leaving the prosecutor unable to meet this burden of proof.
Domestic violence accusations, false or factual, can take a toll on everyone involved. Courts do not take these cases lightly, which is why it is critical to fight back against your charges with a knowledgeable legal professional in your corner. If you have been charged with domestic violence, do not wait to explore your legal options. A Palmetto domestic violence lawyer at J. Ryan Brown Law could assess your case, build a strong defense on your behalf, and fight for your rights in court. Call today to get started.
J. Ryan Brown Law, LLC
J. Ryan Brown Law, LLC