Many Georgia residents do not understand that the term “domestic violence” may apply to both criminal and civil cases. If you were accused of family violence battery or a similar offense, you should know how these two legal processes differ. If you know you will face these allegations during a divorce or separation, you might also face criminal charges. Consider speaking with an experienced criminal defense attorney in Georgia to learn more about your next steps.
You Cannot Go to Jail for Domestic Violence Allegations in Civil Court
If you are going through a divorce or custody case and your ex accuses you of domestic violence during the relationship, the civil court has no authority to incarcerate you. However, it can enforce various penalties. If your ex establishes that you committed domestic violence during the relationship, it may cause you to spend less time with your children.
The Burden of Proof is Higher in Criminal Court
In contrast, the criminal court has the authority to incarcerate you and enforce other criminal penalties for domestic violence. Family violence battery can lead to up to five years in prison and significant fines. In addition, a conviction could affect your right to bear arms.
That said, it is arguably more difficult to prove family domestic violence in civil court than in criminal court. This is because the burden of proof is higher in criminal court. In civil court, your ex only needs to show a preponderance of evidence (a likelihood of over 50%).
In criminal court, however, prosecutors must establish your guilt beyond a reasonable doubt. Although the exact number varies depending on who you ask, most will tell you that this equates to a likelihood of over 90%.
Allegations in One Court Can Lead to Issues in Another Court
An allegation of domestic violence in criminal court can lead to issues in civil court (and vice versa). First, a civil court will consider any family violence battery convictions on your record when making decisions on issues like child custody. The civil court may also consider charges or allegations, even if they never led to convictions. This is because the civil court requires a lower burden of proof. In other words, you will not necessarily escape consequences in civil court just because you escaped consequences in criminal court.
Conversely, a divorce trial could potentially lead to criminal charges if it brings up allegations of family violence battery for the first time. Investigators arguably have a legal duty to investigate these allegations, and this can easily lead to new criminal charges for accused spouses.
Can a Domestic Violence Defense Attorney Help Me?
If you are facing allegations of family violence battery in Georgia, consider speaking with a defense attorney as soon as possible. Although these allegations might begin in civil court, they can easily lead to legitimate criminal charges. Alternatively, criminal charges can lead to negative outcomes in civil court (such as during a divorce trial). To learn more, contact Lankford & Moore Law today.
