Domestic violence can happen to anyone without warning. The news is rampant with domestic violence articles. Therefore, the state of Georgia takes a hard-nosed approach to these types of charges. Family violence battery charges, also called domestic violence charges, are misdemeanor offenses. Unlike a regular battery charge, a family violence battery charge carries a harsher sentence. It can also result in a permanent loss of your rights not found in any other misdemeanor charge. If that’s not enough, most family violence battery charges come with strict bond conditions that can even prevent you from living in your own house. Add on the possibility of a temporary protective order and a civil suit against you, and you are in a dire situation. As the accused, the odds are against you. This is a fight you don’t want to take on alone.
Hiring a lawyer helps you get ahead of your family violence battery charge. Moving quickly helps avoid negative consequences you may not be aware of. For example, you can avoid most temporary protective order hearings without creating harmful findings of fact that can hurt you later. In many cases, a lawyer can also help modify the conditions of your bond to allow you to have communication with your loved ones or move back into your home. Family violence battery attorneys can also benefit you in your divorce or custody action.
What if the Other Person Doesn’t Want to Press Charges?
The short answer is: it doesn’t matter. Once the police arrive, it is their decision whether an arrest is appropriate. After an arrest happens, the criminal process starts moving. That process will continue until you receive a conviction, acquittal, or dismissal. None of those options are in the control of the alleged victim. While it certainly benefits your case to have the alleged victim on your side, that is not enough to secure a dismissal. Only a prosecutor can make the choice to dismiss a domestic violence charge outright.
How Can I Overcome a Family Violence Battery Charge?
Lankford & Moore Law can help with your domestic violence case. We have dealt with many family violence claims in the context of divorce, child custody, protective orders, and criminal charges. With our broad experience in these matters, we know how to navigate each aspect of a family violence battery accusation without damaging other areas of your case.