Georgia law doesn’t use the phrase “domestic violence” in its main statute. The Family Violence Act calls it “family violence,” and the definition under O.C.G.A. § 19-13-1 covers specific crimes committed between people in certain family or household relationships. There is no single criminal offense simply called “family violence.” Instead, a person is charged with an underlying offense, such as battery or assault, and the qualifying relationship can affect how the case is classified, punished, and handled. Qualifying acts include:
- Any felony
- Battery
- Simple battery
- Assault
- Simple assault
- Stalking
- Criminal damage to property
- Unlawful restraint
- Criminal trespass
One exclusion written explicitly into the statute is reasonable discipline of a child by a parent, such as corporal punishment or restraint. Our criminal defense attorney in Peachtree Corners is prepared to assist with your case today.
Who Can Be Involved in a Georgia Family Violence Case?
The family violence framework applies to more relationships than most people assume. It covers:
- Current and former spouses
- People who are parents of the same child
- Parents and children
- Stepparents and stepchildren
- Foster parents and foster children
- People who currently live in the same household
- People who used to live in the same household
This means a crime against a stranger is treated differently than a crime against a qualifying family member, even if the conduct was identical.
Does Domestic Violence Have to Involve Physical Injury?
No. Family violence in Georgia is broader than hitting someone or leaving a visible mark. Simple assault can be based on threatening conduct alone, with no physical contact at all, if it puts the other person in reasonable fear of being hurt. Stalking, unlawful restraint, criminal trespass, and criminal damage to property all qualify as well when the required relationship exists.
Can the Alleged Victim Drop the Charges?
Not directly. Once an arrest is made, all charging and strategy decisions are up to the prosecutor; they decide whether the case moves forward or not. The alleged victim can tell the prosecutor they don’t want to press charges, but they do not have the power to end the case the way many people expect.
Prosecutors may continue a family violence case even if the alleged victim no longer wants to participate, using other available evidence such as 911 recordings, photographs, witness statements, medical records, or body-camera footage. This surprises a lot of families who reconcile after an arrest and assume the case will simply go away.
What Defenses May Apply to a Family Violence Charge?
The right defense depends on what actually happened, but several come up regularly in these cases, including:
- Self-Defense: You were protecting yourself from the other person’s violence or threats.
- Defense of another: You acted to protect a child or someone else in the home.
- Lack of intent: Contact was accidental or the alleged threat never happened the way it’s being described.
- False or exaggerated allegations: Divorce, custody disputes, and breakups may create motives to exaggerate or invent claims.
- Insufficient evidence: The state can’t connect you to the offense or can’t prove the elements beyond a reasonable doubt.
- Unlawfully obtained evidence: Statements or evidence gathered in violation of your rights can be suppressed.
- Reasonable parental discipline: In parent-child cases, the statute excludes reasonable discipline from the definition of family violence, though whether discipline was reasonable is judged on the specific facts.
Family violence cases often come down to two conflicting stories, which is why it’s important to have a defense lawyer review your case, investigate thoroughly, and determine the best way to build a strong defense.
Talk With a Georgia Criminal Defense Lawyer About a Family Violence Charge
A family violence conviction carries significant penalties, and can follow you for many years to come. You need a lawyer to look into your case and fight for you at every step. Contact our office to schedule a consultation as soon as you’re ready to get started.