Sandy Springs Domestic Violence Lawyer

Domestic violence, unfortunately, is a relatively common crime nationwide. According to the CDC, approximately one in four women and one in ten men have experienced sexual violence, physical violence, or stalking by a current or former dating partner or spouse. There is often a disparity from one jurisdiction to the next, in how domestic violence cases are treated in the criminal justice system.

Speaking to a Sandy Springs domestic violence lawyer could reduce the impact of the charge on you personally, financially, and professionally. Consult with a knowledgeable attorney about what defense strategies are most beneficial in your case.

The Family Violence Act

As used in this article, the term “family violence” means the occurrence of one or more of the following acts between past or present spouses, persons who are parents of the same child, parents and children, stepparents and stepchildren, foster parents and foster children, or other persons living or formerly living in the same household:

(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.

Individuals confronting a charge under the Family Violence Act may obtain further information about an alleged offense and its potential penalties by consulting a domestic violence attorney with experience defending against such charges.

Procedures and Penalties

Authority over proceedings under the Family Violence Act belongs in the State and Superior Courts of the county in which the accused person resides (in Sandy Springs, in Fulton County). In those cases where the dispute appears to be an isolated incident, there is often a path to dismissal with certain conditions.  Other reasons for dismissal include:

  • A lack of evidence to support the allegations,
  • An agreement by a defendant to complete a program in exchange for having charges dismissed,
  • A witness’ refusal to testify, and;
  • A significant violation of the accused’s rights.

Unless law enforcement makes an arrest based upon probable cause that an act of family violence has occurred, proceedings initiated by an adult begin with filing a petition, on their own behalf or that of a minor, alleging an act of violence. The court may grant a protective order or approve a consent agreement for purposes such as preventing violence. Many courts, including Fulton County, generally require that the defendant participates in a mandatory family violence intervention program.

Consult with a Lawyer Who Understands Domestic Violence Law

Domestic violence cases arise from diverse circumstances and can be resolved in a number of ways. If you are facing a family violence charge, you may be wondering whether the facts in your case invalidate the charge, whether lack of jurisdiction or some other factor in your case justifies a dismissal, or whether you have a valid defense that absolves you of the charges against you.

Speak with a Sandy Springs domestic violence lawyer to understand the charges you face and anything that might be done to prevent them from unalterably damaging your life. Schedule a consultation today to get started on building a defense.

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