Cobb County Domestic Violence Lawyer
Being accused of committing a domestic violence offense would merit a prison sentence if left unhandled. Upon being formally accused, it is imperative that you speak with an experienced attorney about your case. By working with a Cobb County domestic violence lawyer, you would be provided with the appropriate representation necessary for overcoming the criminal charges made against you. To get started on a case, or for help with collecting evidence in your favor, schedule an initial free consultation today.
What is Domestic Violence?
Domestic violence, or family violence, is a criminal act of abusive behavior involving harmful emotional or physical actions within a family or household unit. The alleged victim would be a person in an intimate relationship with the accused (whether or not the parties are married) or a family member of the accused.
Georgia law also extends included parties to foster parents, stepparents, parents of the same child, grandparents, and siblings under Code of Georgia § 19-13-1. An illegal action could occur in a multitude of forms, including physical violence, forcible sex, and psychological abuse.
Cobb County Domestic Violence Laws
According to the law in the state of Georgia, domestic violence could include a variety of criminal activities, such as the following:
- Simple assault
- Simple battery
- Unlawful restraint
- Criminal trespassing or damage to property
Violence that takes place between family members is the defining element of domestic violence, and includes aggressive behavior towards current and past spouses, parents, and their children. Someone arrested for domestic violence could spend the night of their arrest in jail. Also, since a person cannot be bailed out before appearing in front of a judge, the accused would be held in jail for at least 24 hours.
A first-time domestic violence conviction would be punishable as a misdemeanor of a high and aggravated nature, with penalties including up to one year’s imprisonment and fines up to $5,000. Each subsequent conviction for domestic violence would be punished as a felony, subject to up to five year’s incarceration, which makes it vital to contact a Cobb County attorney immediately.
Consequences of a Family Assault Conviction
While fines and incarceration are the consequences generally associated with a domestic violence conviction, additional sanctions could be handed out that would also negatively impact the quality of someone’s life. The court could issue a protective order to someone charged with domestic violence requiring them to stay away from the other party and have no contact. Furthermore, within 30 days of a domestic violence suit being filed against the accused, a hearing would take place to discuss the allegations, at which point a judge could decide that a Family Violence Protection Order is needed.
In the event the accused is caught with a firearm, they could face up to 10 year’s incarceration. A convicted person may find it challenging to secure gainful employment upon release. Visitation limitations are commonly implemented for individuals convicted of domestic violence. A judge could also set or reduce conditions on someone’s visitation rights, such as the completion of a domestic violence intervention program with the assistance of a lawyer in Cobb County.
Protective Orders in Cobb County
A protective order could be granted by the court in accordance with the filing of the complainant. The order could direct someone to:
- Refrain from violent acts
- Exclude a party from the household
- Grant someone possession of a household
- Require someone to provide suitable alternative housing
- Award temporary child custody, establish visitation schedules, or order someone to make payments for a minor
- Provide for spousal support
- Order the alleged offender to get psychiatric care and other counseling
Protective orders typically have a one-year duration but could be extended to three years or become permanent. A protective order could force someone to stay away from another person, provide the other party a place to live during the duration of the order, or move out of a shared residence. The right of the accused to bear arms could also be jeopardized in the event of a domestic violence conviction, as federal law bears individuals who are subject to certain protection orders or who have been convicted of domestic violence to possess ammunition or firearms.
Work with a Cobb County Domestic Violence Attorney
When someone has been charged with domestic violence, it is crucial that they fully understand the consequences which could follow a conviction. An experienced Cobb County domestic violence lawyer could provide immediate legal advice and would try to help you avoid a criminal conviction.
An attorney could offer you a clear defense strategy and work hard to maximize the likelihood of an advantageous outcome to your case. For a confidential lawyer consultation, call the office now.