If you are facing battery family violence charges in Forsyth County and you have children, the criminal case is not the only thing you should be worried about. A family violence charge — even before a conviction — can fundamentally change your custody situation, your visitation rights, and your relationship with your children.
Here is how Georgia law connects family violence to child custody, and what you need to understand to protect both your freedom and your parental rights.
Georgia Law Requires Judges to Consider Family Violence in Custody Decisions
This is not optional. Under O.C.G.A. § 19-9-3, which governs child custody determinations in Georgia, courts must consider evidence of family violence when deciding what arrangement is in the best interests of the child (O.C.G.A. § 19-9-3, Justia).
That means if you are charged with or convicted of battery family violence, simple battery family violence, or any offense under Georgia’s Family Violence Act (O.C.G.A. § 19-13-1), the family court judge has a legal obligation to factor that into custody and visitation decisions. A judge who ignores evidence of family violence when determining custody can be reversed on appeal.
This is true whether the custody case is part of a divorce proceeding, a standalone custody modification, or a Department of Family and Children Services (DFCS) involvement.
What Can Happen to Your Custody Rights
The impact on custody depends on the severity of the charges, whether there is a conviction, and whether the alleged violence occurred in the presence of or directly affected the children. Here are the possible outcomes:
Loss of primary custody. If a parent is convicted of a family violence offense, the court can award sole physical custody to the other parent. Even pending charges — before any conviction — can influence a judge’s temporary custody order while the criminal case is unresolved.
Supervised visitation. Rather than denying visitation entirely, the court may order that your visits with your children be supervised by a court-approved third party. This means you cannot be alone with your children. Supervised visitation can be ordered as a condition of a Temporary Protective Order (TPO) or as part of a custody modification.
Restrictions on visitation exchanges. Even when unsupervised visitation is allowed, the court may require that custody exchanges happen in a neutral, public location rather than at either parent’s home.
No-contact provisions in bond conditions. If a no-contact order was issued as a condition of your criminal bond in Forsyth County, and your children reside with the alleged victim, you may be unable to see your children at all until the bond conditions are modified. A criminal defense attorney can file a motion to modify bond conditions to allow supervised contact with your children. Sometimes it is also possible to amend the no-contact restriction with the alleged victim’s cooperation.
TPO custody provisions. Under O.C.G.A. § 19-13-4, a Temporary Protective Order issued in a family violence case can grant the petitioner temporary custody of minor children and establish temporary visitation rights. A TPO can also order the respondent to vacate the shared residence and pay temporary child support (O.C.G.A. § 19-13-4, Georgia Family Violence Protective Orders). These temporary orders can remain in effect for up to 12 months, with possible extensions.
The Difference Between a Charge and a Conviction
It is critical to understand that a family violence charge and a family violence conviction have different levels of impact — but both matter.
A charge (without conviction) can still influence temporary custody orders, TPO provisions, and a judge’s overall assessment of the situation. Family courts operate on a “best interests of the child” standard, which gives judges wide discretion. A pending criminal charge for battery family violence, even with a presumption of innocence, can shift the balance in custody proceedings.
A conviction carries far more weight. A convicted family violence offense becomes a permanent part of your criminal record in Georgia. It creates a documented history of violence that any future family court judge will see and must consider. A second conviction for family violence battery between household members is automatically a felony (O.C.G.A. § 16-5-23.1), which makes future custody outcomes even more severe.
This is why fighting the criminal charge aggressively is not just about avoiding jail or fines — it is about protecting your long-term relationship with your children.
How Family Violence Affects an Ongoing Divorce
If you and your spouse are in the middle of a divorce and family violence charges are filed, the dynamics of the divorce case shift dramatically.
Georgia recognizes family violence as a ground for at-fault divorce. A spouse who can demonstrate family violence may receive more favorable treatment in the division of marital property and in spousal support (alimony) determinations, in addition to the custody advantages described above.
A TPO issued during the criminal case can force you out of the marital home, establish temporary custody without your input, and create a set of facts that the divorce attorney for the other side will use as leverage in settlement negotiations.
From a strategic standpoint, everything that happens in the criminal case creates a record that the family court can see. Statements you make to police, bond conditions imposed by the criminal court, and the outcome of the criminal case all feed directly into the divorce and custody proceedings.
Collateral Consequences That Affect Your Family
Beyond custody, a family violence conviction in Georgia triggers consequences that ripple through your entire family life:
Firearm prohibition. Under federal law (18 U.S.C. § 922(g)(9)), a conviction for any misdemeanor crime of domestic violence — including simple battery family violence — results in a permanent, lifetime ban on possessing firearms. If you are a hunter, a law enforcement officer, a military service member, or a gun owner, this affects your daily life and potentially your career.
Family Violence Intervention Program. Georgia courts routinely order completion of a 24-week Family Violence Intervention Program (FVIP) as a condition of probation for family violence convictions. This is a significant time commitment that lasts approximately six months and comes with its own costs.
Restrictions on where you can live. If a no-contact order or TPO is in place, you cannot return to the family home. Finding and paying for alternative housing while also paying your share of household expenses creates an immediate financial strain.
Impact on children. The Georgia Commission on Family Violence has recognized that children who are bystanders to violence in the home are seriously victimized, even when they are not directly involved (Georgia Commission on Family Violence – Judicial Protocol). Courts take this into account, and evidence that children witnessed or were present during an alleged incident can significantly worsen custody outcomes and can lead to additional charges of cruelty to children.
What You Should Know to Protect Your Custody Rights
Hire a criminal defense attorney first. The outcome of the criminal case is a very big factor that will impact what happens in family court. If the criminal charges are dismissed, reduced to a non-family-violence offense, or result in an acquittal at trial, the family violence allegations lose their power in custody proceedings. A battery family violence defense attorney in Forsyth County should be your first call.
Do not violate bond conditions. If a no-contact order is in place, obey it completely. No phone calls, texts, emails, social media messages, or communication through third parties. Violating bond conditions can result in immediate arrest, bond revocation, and a new criminal charge — all of which will hurt the family law proceedings and the criminal proceedings.
Document everything. Keep records of your involvement in your children’s lives — school activities, medical appointments, extracurricular events — from before the charges were filed. This evidence demonstrates your parental involvement and can counter any narrative that you are a danger to your children.
Fight the Charge — For Your Children’s Sake
A battery family violence charge in Georgia is not just a criminal matter. It could be a direct threat to your custody rights, your relationship with your children, and your family’s future. The most effective way to protect your parental rights is to fight the criminal charges with an experienced defense attorney who understands how the criminal and family court systems interact.
If you are facing family violence charges in Cumming or Forsyth County and you are concerned about how it will affect custody, contact the Law Office of Vic Wiegand at (770) 886-4646 for a free consultation. Attorney Wiegand has over 25 years of experience defending family violence cases in Forsyth County and understands what is at stake for you and your family.
Disclaimer: This blog contains general information and may not reflect current legal developments. The content is a general overview of the law and should not be applied to your specific situation and is not legal advice. Viewing this information and receipt of it are not intended to create, and receipt does not constitute, an attorney-client relationship. This blog is not intended to solicit clients outside of the state of Georgia.
Any information sent via the website “Contact Us” form or email prior to formal engagement is not secure and may not be treated as privileged or confidential.
Sources referenced in this post:
- O.C.G.A. § 19-9-3 (Child custody best interests factors): https://law.justia.com/codes/georgia/title-19/chapter-9/section-19-9-3/
- O.C.G.A. § 19-13-1 (Family Violence Act definition): https://law.justia.com/codes/georgia/2020/title-19/chapter-13/article-1/section-19-13-1/
- O.C.G.A. § 19-13-4 (Temporary Protective Orders): https://law.justia.com/codes/georgia/title-19/chapter-13/article-1/section-19-13-4/
- O.C.G.A. § 16-5-23.1 (Battery — felony for second FV conviction): https://law.justia.com/codes/georgia/title-16/chapter-5/article-2/section-16-5-23.1/
- 18 U.S.C. § 922(g)(9) (Federal firearms prohibition): https://www.law.cornell.edu/uscode/text/18/922
- Georgia Commission on Family Violence, Judicial Protocol: https://gcfv.georgia.gov
- LegalClarity, Georgia Family Violence Act Protections and Impact: https://legalclarity.org/georgia-family-violence-act-protections-penalties-and-impact/
