In Georgia, understanding the intricacies of family violence battery laws is crucial for anyone facing the legal repercussions of domestic disputes. In this guide to family violence battery laws in Forsyth County, we will explore what you need to know if you are facing charges.
What is Family Violence Battery?
Family violence battery in Georgia is defined as any physical harm caused by one family member to another, or between people who live in the same household. It extends beyond just physical violence to include threats, force, or physical acts that cause fear of possible harm.
Legal Definitions and Scope
Under Georgia law, family violence isn’t limited to spouses or children; it also includes former spouses, parents of the same child, and other individuals formerly or currently living in the same household. In addition, the scope of what constitutes violence is very diverse and can include physical assault, battery, stalking, and unlawful restraint.
Penalties for Family Violence Battery
Penalties in Forsyth County for family violence battery can vary based on several factors, such as the severity of the incident and the defendant’s prior criminal history.
Here’s what you might expect if faced with a family violence battery charge in Georgia:
- First Offense: Typically charged as a misdemeanor, which could lead to up to one year in jail, fines, or both. Mandatory probation periods and participation in family violence intervention programs are also common.
- Subsequent Offenses: These may escalate to felony charges, significantly increasing penalties, including longer jail times, higher fines, and more severe probation terms.
- Protective Orders: Victims can obtain protective orders that may prohibit the offender from making contact or even require them to leave a shared residence.
Impact on Rights
A conviction for family violence battery can have long-lasting impacts beyond immediate penalties:
- Firearm Rights: Conviction often leads to a loss of the right to own or possess firearms.
- Employment: Employers may be hesitant to hire someone with a violent criminal record, particularly in jobs involving care or trust.
- Custody and Visitation: Such a conviction can adversely affect custody and visitation rights in family law cases.
Legal Defense Strategies
For those accused of family violence battery, several defense strategies can be employed, depending on the circumstances of the case:
- Self-Defense: Claiming self-defense to prove that the actions were necessary to prevent harm to oneself.
- False Accusations: Demonstrating that the accusations were false or exaggerated.
- Lack of Evidence: Highlighting the insufficiency of evidence to prove the charges beyond a reasonable doubt.
Seeking Legal Help
If you have been accused of family violence battery in Forsyth County, Georgia then you’ll need a defense attorney who specializes in domestic violence cases.
For further guidance or to discuss your specific situation, consider contacting a local defense attorney who understands the intricacies of Georgia’s legal system, particularly in domestic violence cases.
Contact Vic Wiegand for Defense Against Family Violence Battery Charges
Facing charges of family violence battery demands the expertise of a seasoned defense attorney who comprehends the intricacies of these cases.
Located in Cumming, Georgia, The Law Office of Vic Wiegand, Esq. provides thorough criminal defense services, specializing in everything from simple assault to severe felony aggravated battery. We serve clients across Forsyth County and surrounding regions, including Dawsonville and Dahlonega, and are committed to safeguarding your rights.
With nearly 25 years in Criminal Defense Law, Attorney Wiegand possesses extensive knowledge of the Forsyth County Court system. His proficiency and legal knowledge have often led to reduced charges or even dismissals, utilizing his negotiation skills and courtroom experience to achieve favorable results for his clients.
For trusted legal representation, reach out to our offices at 770-886-4646.
