During the tussle of Georgia’s 2022 US Senator campaign, allegations of domestic violence by his ex-wife surfaced against Herschel Walker. According to reports, he and his ex-spouse remain friends, and the past is the past. But, domestic violence is a charge that carries a stigma, unlike some other crimes. If you are accused of domestic violence by your ex-spouse or soon-to-be ex-spouse, you should take the accusation seriously.
A conviction of domestic violence not only carries legal penalties such as fines and jail time, but it also affects your standing in the community and your relationships with friends and family. It may come into play if you have children with your ex-spouse and want visitation or custody.
A conviction under the Family Violence Act can affect your rights to carry a firearm and your rights as a hunter.
Georgia Takes Domestic Violence Seriously
In Georgia, data from 2021 shows domestic violence (DV) deaths statewide were up almost 50% from 2020, with 212 fatalities in 2021 from 142 in 2020, according to the development director for SafeHomes of Augusta, Jennifer Frantom. “That tells me there’s a big problem in Georgia,” Frantom said. With statistics like this, Georgia law enforcement is on the alert for DV situations and if anything, will likely err on the side of prosecution when hearing accusations. That is not good if you are not guilty.
The Georgia law for O.C.G.A statute §16-5-21 about Aggravated Assault carries an added specification for domestic violence, stating, “If the offense of aggravated assault is committed 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 excluding siblings living or formerly living in the same household, the defendant shall be punished by imprisonment for not less than three nor more than 20 years.”
Furthermore, GA Code § 19-13-1 (2022) defines “Family Violence” as any felony or commission of offenses of battery, simple battery, simple assault, assault, stalking, criminal damage to property, unlawful restraint, or criminal trespass which involves past or present spouses as well as the relationships described above.
With possible penalties like these, a false accusation by an angry or vindictive spouse or ex-spouse is quite terrifying. You need to defend yourself rigorously and call in the legal guidance of an experienced criminal defense attorney, like Forsyth County’s Law Office of Vic Wiegand, Esq.
Fighting False Domestic Violence Allegations
If you have been falsely accused, you do not have to fight alone. You need the resources of a good attorney who is familiar with how to defend against fabricated lies. You can help by taking steps to document any evidence in your defense and provide it to your attorney. For example, evidence might be emails or text messages showing your ex-spouse made threats to falsely accuse you if you didn’t comply with his or her wishes when it came to custody of the children or distribution of monies or property.
If you are accused of family violence, and there are charges brought, it can impact your life in substantial ways. Beyond fines and possible jail time, you would have a criminal record that would affect your ability to get or keep a job, get a loan or mortgage, or rent an apartment. Your important relationships with coworkers, family members, and friends could be affected. A conviction of family violence is also going to be taken into consideration by the family court when making decisions about child custody and visitation.
Contact Cumming Criminal Defense Attorney, Vic Wiegand
If you have been arrested for Domestic Violence, Battery, Aggravated Assault, and or charged with a crime under the “FVA” Family Violence Act, contact our law offices. We serve clients in Forsyth County, including Cumming and surrounding communities.
Our practice is a full-service criminal defense law firm, and Attorney Wiegand is well-versed in criminal defense and Georgia law. He is a trial-tested attorney. His goal is to defend the rights of his clients and protect them from false and harmful allegations.
You should put yourself in the strongest possible defensive position you can when facing these charges. Call the Law Office of Vic Wiegand, Esq. today at 770-886-4646 and let us help.