Domestic Violence & Battery Family Violence Defense in Forsyth County

Q: What is battery family violence in Georgia?

Battery family violence is when someone commits the crime of battery (O.C.G.A. 16-5-23.1, intentionally causing visible or substantial physical harm) or simple battery (O.C.G.A. 16-5-23, intentionally making physical contact of an insulting or provoking nature) against a person they have a family or household relationship with. Under Georgia’s Family Violence Act (O.C.G.A. 19-13-1), those relationships include past or present spouses, 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.

Q: Can the victim drop family violence charges in Georgia?

No. Once a family violence arrest has been made in Georgia, the case belongs to the state. The prosecutor decides whether to pursue charges, not the alleged victim. Even if the accuser recants, says they do not want to press charges, or admits the allegation was exaggerated, the prosecution can and often does move forward based on the officer’s observations, body camera footage, 911 recordings, and any visible injuries or lack thereof.

Q: What are the penalties for a first battery family violence conviction in Georgia?

A first offense battery family violence conviction is a misdemeanor in Georgia, carrying up to 12 months in jail, fines up to $1,000 plus court costs, and mandatory completion of a 24-week Family Violence Intervention Program (FVIP). A critical consequence that many people do not realize: a second conviction for family violence battery in Georgia is automatically charged as a felony carrying one to five years in prison (O.C.G.A. 16-5-23.1), even if the second offense involves a different household member than the first.

Q: Will a family violence conviction affect my gun rights?

Yes. Under federal law (18 U.S.C. 922(g)(9), known as the Lautenberg Amendment), any conviction for a misdemeanor crime of domestic violence can result in a permanent lifetime prohibition on possessing firearms. This applies to simple battery family violence and battery family violence convictions in Georgia. It is one of the only misdemeanor offenses in the country that can permanently strip firearm rights.

Q: How do family violence charges affect child custody in Georgia?

Georgia courts are required under O.C.G.A. 19-9-3 to consider evidence of family violence when determining what custody arrangement is in the best interests of the child. A charge or conviction can result in loss of primary custody, court-ordered supervised visitation, restricted custody exchanges, and unfavorable terms in divorce proceedings. A Temporary Protective Order (TPO) issued under O.C.G.A. 19-13-4 can also grant the other party temporary custody and order the accused to vacate the shared residence.

Q: What happens with bond conditions and no-contact orders after a family violence arrest in Forsyth County?

In most family violence arrests in Forsyth County, the judge will set bond conditions that include a no-contact provision with the alleged victim. This can be a full no-contact order (no communication of any kind, including through third parties) or a no-violent-contact order. If a full no-contact order is in place and the alleged victim lives in your home, you will not be allowed to return to the residence. Violating a no-contact bond condition is a separate criminal offense that will result in your bond being revoked and your immediate re-arrest. Your attorney can file a motion to modify bond conditions if circumstances warrant a change, but until a judge grants that motion, the conditions must be followed exactly.