GA FAMILY VIOLENCE DEFENSE LAWYER

Attorney Robert Speer can help you get past a Family Violence charge in GA

SUMMARY OF FAMILY VIOLENCE LAW IN GEORGIA

The law is tough on persons accused of domestic violence in Georgia. There isn't one simple charge of "domestic violence" in GA, but rather the offense can be based on several different offense that were allegedly committed in the context of a "family" or "domestic" setting.


Any of these offenses, that have been committed in the context of a family or domestic setting, are considered an act of family violence under Georgia law.  O.C.G.A. § 19-13-1 defines what acts committed are considered an "act of family violence":


"(1) Any felony; or

(2) Commission of offenses of battery, simple battery, simple assault, assault, stalking, criminal damage to property, unlawful restraint, or criminal trespass.

The term “family violence” shall not be deemed to include reasonable discipline administered by a parent to a child in the form of corporal punishment, restraint, or detention."


So, if a person gets into a fight in a bar, and hits some drunk guy who smarted off at him, its just plain old Battery, NOT domestic or family violence battery. Why is this important? Because any offense that is categorized "domestic violence" brings much harsher punishment under Georgia law; including making it harder to post bond; imposing bond conditions on a person accused of committing an act of family violence; and if the person is convicted, that person can be banned from being around firearms or ammunition for life. Other severe punishment can also be imposed.


It is VERY important that a person accused of an act of Family Violence hire an experience attorney to defend them as soon as possible. Robert Speer, The Magic Lawyer ®, has had 30 years experience defending people who have been accused of Family Violence in Georgia. Many of his clients say that he is the best domestic violence defense lawyer in Cherokee County GA.


CALL NOW! (770) 517-0017

GETTING A BOND IN A FAMILY VIOLENCE CASE

Of great importance is the fact that a person accused of an act family violence is HELD WITHOUT BOND until a hearing can be held before a judge.  


O.C.G.A. § 17-6-1(b)(2)(B) states as follows: "When an arrest is made by a law enforcement officer without a warrant upon an act of family violence pursuant to Code Section 17-4-20, the person charged with the offense shall not be eligible for bail prior to the arresting officer or some other law enforcement officer taking the arrested person before a judicial officer pursuant to Code Section 17-4-21."


This means that the accused person can sit in jail for several days before being let out on bond. To make matters worse, O.C.G.A. § 17-6-1(f)(2) provides that:


 "For offenses involving an act of family violence, as defined in Code Section 19-13-1, the schedule of bails provided for in paragraph (1) of this subsection shall require increased bail and shall include a listing of specific conditions which shall include, but not be limited to, having no contact of any kind or character with the victim or any member of the victim's family or household, not physically abusing or threatening to physically abuse the victim, the immediate enrollment in and participation in domestic violence counseling, substance abuse therapy, or other therapeutic requirements."


The judge, when setting bond, MUST ORDER the person charged with Family Violence to STAY AWAY from the alleged victim. Which also means that a person accused of an act of Family Violence can be put out of their own home under a condition of bond. At the jail, the case is labelled an "FVA" case, which stands for Family Violence Act. Once the case is labeled an FVA case, serious bond conditions must be applied to that persons case.


A person who has been charged with domestic violence in GA should hire a lawyer immediately to defend them in these serious charges.


 CALL NOW! (770) 517-0017 

AMENDING CONDITIONS OF BOND IN A FAMILY VIOLENCE CASE

Even though the judge HAS TO ORDER conditions of bond in a Family Violence case, those conditions can be amended (changed). HOWEVER, a judge must amend those conditions. O.C.G.A. § 17-6-18 states, quite simply, that: 


 "All bonds taken under requisition of law in the course of a judicial proceeding may be amended and new security given if necessary."


It takes a special motion and a hearing before a judge to get bond conditions amended. A person under special conditions of bond should NEVER violate those conditions without a judge granting an order amending those conditions. 


WARNING: DON'T FALL FOR THE "HONEYPOT TRICK" - which is where the person accused of Family Violence who is out on bond with conditions to STAY AWAY from another person (usually the alleged victim), is invited over BY THE VICTIM for a romantic night. Then, somehow, the police are called and the accused person gets RE-ARRESTED for violating the bond conditions. Then, there is no right to another bond!


The conditions of bond ABSOLUTELY MUST BE MODIFIED BY A JUDGE before a person charged may go back around the alleged victim, or their home.


Robert Speer, The Magic Lawyer®, has had 30 years experience defending people who have been accused of Family Violence in Georgia. Many of his clients say that he is the best domestic violence defense lawyer in Cherokee County GA and Cobb County GA.


CALL NOW! (770) 517-0017


DEFENSES IN A FAMILY VIOLENCE CASE

A person charged with an act of Family Violence has any and all defenses available to them that may show that they were acting in self defense, or other defenses under GA criminal law. Additionally, in a case involving a charge of simple assault or simple battery, O.C.G.A. § 16-5-25 provides that:


 “[a] person charged with the offense of simple assault or simple battery may introduce in evidence any opprobrious or abusive language used by the person against whom force was threatened or used; and the trier of facts may, in its discretion, find that the words used were justification for simple assault or simple battery.”


It is critical for a person charged with any offense under the GA Family Violence Act hire an experienced attorney as soon as possible to defend them against such charges. Time is of the essence in a Family Violence case, as photos should be taken, witness statements should be gathered, and a fast and thorough investigation should be done as well.


 CALL NOW! (770) 517-0017 


CALL NOW: (770) 517-0017

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