Domestic Violence

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Mr. Brandon Fitz of Crawford and Boyle Law Firm is the main reason why I encouraged my granddaughter to go with this firm. He’s very knowledgeable and personable. He listened to what you had to say and responded accordingly. He always returned my calls answered my emails and text messages. He answered every question I had and made me feel assured. I would use him again if the need arose. I highly recommend Mr. Fitz. The staff were always pleasant as well.

A
Angel

David was fast, kept me well informed, and was on time at my court date. I will be using him again if I ever need a lawyer, and I have recommended him to a few people already.

J
Josh

David kept me informed throughout the whole process. He was very helpful in getting me the lowest fines and punishment for my crime. I am thankful one of my customers introduced me to him. He even helped get me out of a sticky situation, after my original conviction.

A
A Satisfied Client

Domestic Violence Lawyers Gwinnett County

Strong Defense for Family Violence Allegations

Domestic violence charges in Georgia are prosecuted aggressively and carry serious legal consequences. An accusation alone can damage your reputation, strain relationships, and jeopardize your freedom. A conviction may result in jail time, loss of 2nd Amendment rights, and a lasting criminal record that can profoundly impact your future.

 

If you’ve been accused of domestic violence, hire a defense team that understands what’s at stake and has the insights to protect your rights. Crawford and Boyle, LLC, provides strategic representation for individuals facing domestic violence allegations. Backed by over 60 years of combined legal experience and a deep understanding of the criminal justice system, our defense attorneys approach every case with the urgency and preparation it demands.

 

As a team that includes former prosecutors, we know how the state builds its case—and we use that insight to challenge weak evidence, expose inconsistencies, and tell your side of the story. We don’t rely on assumptions or shortcuts. We dig deep into the details, identify a strong path forward, and build a defense tailored to your situation.

 

If you or someone you care about has been charged with domestic violence, call (678) 680-5000 or contact us online to schedule a free consultation.

 

Understanding Domestic Violence Charges in Georgia

In Georgia, domestic violence—legally referred to as “family violence”—is defined under O.C.G.A. § 19-13-1 as a criminal act committed against a family or household member. Law enforcement and the courts treat these cases with particular sensitivity. Often, police officers are required to make arrests even in cases they do not believe in based on the department’s policies.

 

The law identifies specific relationships that fall under the category of family or household members, including:

  • Current or former spouses
  • Parents of the same child
  • Parents and children
  • Stepparents and stepchildren
  • Foster parents and foster children
  • Persons who currently or formerly lived together

Charges involving family violence are not limited to physical altercations.

 

Prosecutors may pursue these cases based on a wide range of alleged conduct, including:

  • Any felony offense
  • Battery
  • Assault
  • Stalking
  • Criminal damage to property
  • Criminal trespass
  • Interference with a 911 call
  • Disorderly Conduct

The legal definition of family violence casts a wide net, and even a minor accusation can escalate into a formal charge with serious consequences. Our lawyers provide focused, informed defense for individuals facing these accusations. With decades of combined experience and deep knowledge of how these cases are prosecuted, our legal team delivers strategic counsel backed by thorough case preparation. We understand the implications of these charges and are prepared to stand with you at every stage.

 

The Potential Penalties and Impact of a Domestic Violence Conviction

An accusation of domestic violence carries immediate and far-reaching consequences—inside and outside the courtroom. When an alleged act involves a family or household member, the penalties for the underlying offense are often enhanced, and the legal process becomes more complex. Understanding how Georgia differentiates these charges is critical:

 

Misdemeanor vs. Felony Domestic Violence Charges

Misdemeanor Family Violence

Domestic charges like simple battery or simple assault are typically misdemeanors. However, when tied to a domestic relationship, those same offenses may be elevated to a “misdemeanor of a high and aggravated nature.” This heightened classification can result in harsher penalties, including longer jail sentences and steeper fines. Misdemeanors are punishable by up to 12 months in jail. The most common misdemeanor family violence charges include:

  • Simple Assault: Making a credible threat to do violent harm to another person.
  • Simple Battery: Making physical contact with another person without leaving a visible injury (e.g., hair pulling, spitting, slapping, or punching where no mark is left).
  • Family Violence Battery: Physical contact that results in a visible injury perceived by others, such as a black eye, bloody nose, cut, scratch, or bruise.

Felony Family Violence

Felonies carry much harsher penalties, punishable by 1 to 20 years in prison or on probation. A domestic violence charge becomes a felony under the following circumstances:

  • Repeat Offenses: If a person has a prior conviction for Family Violence Battery, any subsequent Family Violence Battery charge is automatically elevated to a felony.
  • Aggravated Assault: Violently attacking someone, typically involving the use of a weapon or the use of hands for choking and strangulation.
  • Aggravated Battery: Physical contact that results in severe bodily harm, such as a broken bone or permanent disfigurement.\

 

Immediate Restrictions: Bond Conditions and Orders of Protection

The legal penalties are only one part of the equation. Domestic violence accusations can also lead courts to implement immediate protective orders, restrictions on contact with loved ones, special conditions of bond that prevent an accused person from contacting their spouse or victim. This is a standard practice that the courts abide by which allows for a cooling-off period.

 

There are two primary types of protection mechanisms used in Georgia:

 

1) Criminal Conditions of Bond

If you are arrested for a domestic violence offense—even a misdemeanor—a bond will be set for your release. As a standard condition of that bond, the State of Georgia will strictly prohibit you from contacting the alleged victim in person, by phone, via email, and the loss of child custody or visitation rights

  • Violating Bond: If you violate a No Contact provision while out on bond, you face immediate re-arrest and bond revocation.
  • Aggravated Stalking: Depending on how the bond was violated, the state can elevate the offense to a felony charge of Aggravated Stalking—which is an offense for which you may not be able to bond out. So, unfortunately, it has the effect of immediately cutting you off from your family.

2) Civil Protective Orders

A protective order that can be initiated without actually having an arrest. These are civil proceedings. This type of protection order can be a restraining order that evicts someone from the home, curbs communication, and prevents third-party contact by phone or email. It is, of course, up to a judge, but orders of protection are probably issued in 95% of cases. There are methods of addressing these types of orders with the courts, but the timing varies widely between jurisdictions.

 

What Are The Collateral Consequences Of Having A Domestic Violence Conviction On Record?

A state domestic violence conviction will result in a lifetime ban from possessing a firearm. Georgia doesn’t do anything about it, but the federal government does. The conviction puts you on a disqualification list to be able to purchase a firearm. Since you’re disqualified to purchase one, you can’t possess one. If you do possess one, you can be prosecuted under federal law. That prohibition also prevents you from getting a job where you would be required to possess a firearm, like law enforcement, probation, parole, and private investigation. It also complicates being investigated in any sort of security context. In addition, the conviction stays on your record forever, and there is no way to get around the current prohibition.

 

A conviction—or even an unresolved accusation—can damage personal relationships, jeopardize employment, and create long-term harm to your reputation. Given what’s at stake, swift legal action is critical. Our domestic violence defense attorneys recognize the urgency these matters demand. We move quickly to preserve evidence, relieve restrictive bond conditions, build a strong case, and protect our clients’ rights.

 

Possible Defense Strategies Against Domestic Violence Charges

Domestic violence allegations often stem from highly emotional, fast-moving situations—and they don’t always reflect the whole truth of what occurred. We approach these cases with the understanding that context matters. Not every argument between family members should result in a criminal charge, and not every accusation is supported by credible evidence. Particularly when the police only talk to one side before seeking an arrest warrant.

 

Our attorneys have handled thousands of cases and know how to break down the details others may overlook. We evaluate each case based on its facts and build a strong, well-prepared defense to protect our clients’ rights and future.

 

Depending on the circumstances, potential domestic violence defense strategies may include:

  • False accusations or lack of evidence – In some cases, accusations may be motivated by anger, retaliation, or custody disputes, and the available evidence may not support the charge.
  • Self-defense or mutual confrontation – People have the right to protect themselves from harm. We assess whether our client’s actions were legally justified or part of a mutual physical altercation. In some cases, we may be able to obtain immunity from prosecution based on self-defense.
  • Constitutional violations – If law enforcement failed to follow proper procedures—such as making an unlawful arrest or conducting an improper investigation—key evidence may be challenged or excluded.
  • Contrary physical evidence or witness statements – The 911 call often contains crucial information where the alleged victim may have said something ignored or not relayed to the officers who have to make a decision.

These strategies are only effective when supported by thorough case preparation, something our firm is known for. We don’t rush to quick conclusions or take a one-size-fits-all approach. Our goal is to present a complete, honest picture of the situation and challenge the prosecution’s case at every stage. With personalized attention and strategic legal insight, we give our clients the defense they deserve.

 

Why Is It Critical To Retain An Experienced Attorney To Handle A Domestic Violence Case?

Domestic violence cases are unique in that they tend to present problems that are more ongoing in nature. This is primarily because they involve parties who are related to one another in some way. There are a host of different laws in different situations, some of which are very harmful to someone who has been accused of domestic violence, and some of which are helpful. There is also the question of privilege in terms of whether a spouse can be compelled to testify against the husband. If there are children involved or children in the house, then the Department of Family & Children Services (DEFACS) can come into the case and make certain decisions that drastically affect the parties’ lives by taking children out of the house and requiring drug tests and home inspections.

 

In addition, Georgia has what’s called a Child Abuse Registry, so if you commit an act of domestic violence and a child is present, then you may find yourself on the Child Abuse Registry. This is something that stays on the state’s internal system for life, but you do have a right to have hearings regarding your place on it.

 

This is an area of the law that is very specific and has many long-lasting consequences and can affect people’s living situations, ability to pay the mortgage, divorce or child custody actions, and obligations under visitation agreements with previous spouses or children from prior relationships. All of these things can come into play and your life, as you know it, can be disrupted long-term by an arrest for a domestic violence charge.

 

Speak with a DV Defense Lawyer About Your Case

Facing domestic violence allegations is not something you should navigate alone. The legal consequences, social stigma, and personal disruption can be overwhelming—but proper legal support can make a difference. At Crawford and Boyle, LLC, we are recognized for our methodical and evidence-driven defense strategies, shaped by decades of combined experience and the perspective of former prosecutors who understand how court cases are built and challenged.

 

Our team takes every case seriously, investing the time and resources necessary to uncover the facts, protect rights, and pursue a favorable outcome. We offer honest, direct legal guidance backed by a track record of results.

 

Contact us at (678) 680-5000 to schedule a confidential consultation.

 

Read our Domestic Violence ebook.

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