December, and the holiday season in particular, has a way of magnifying whatever is already simmering beneath the surface. For many families, it’s warmth, celebration, and connection. For others, it is pressure, financial strain, and heightened emotions. These pressures can take many forms, including domestic violence disputes. Keep reading to learn more about domestic violence in Georgia.
Why Domestic Violence Cases Spike in December
December can create the perfect conditions for conflict. There may be financial pressure from gift buying, travel, and year-end bills. There can also be family tension when family members who have not seen each other in a long time or have unresolved issues are in the same room. There’s also alcohol at celebrations, which can lower inhibitions and escalate disputes. In many households, December can be difficult to navigate and may lead to disputes.
What is Domestic Violence in Georgia?
Georgia law refers to domestic violence as “family violence.” Under O.C.G.A. § 19-13-1, family violence means the occurrence of: 1) a felony, or 2) the commission of battery, simple battery, simple assault, assault, stalking, criminal damage to property, unlawful restraint, or criminal trespass between the following groups of people:
- 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 living or formerly living in the same household.
What Doesn’t Count as Family Violence?
Under O.C.G.A. § 19-13-1, the term “family violence” does include reasonable discipline administered by a parent to a child in the form of corporal punishment, restraint, or detention.
What is the Punishment for Family Violence in Georgia?
A first time family violence offense is often treated as a misdemeanor. This means you will likely be punished in the following ways:
- By a fine of no more than $1,000.00; and/or
- By confinement in a county or city jail for no more than 12 months;
But, if you are convicted of family violence more than once, the conviction could be treated as a misdemeanor of a high and aggravated nature or a felony.
A person who is convicted of a misdemeanor of a high and aggravated nature can be punished by:
- A fine of no more than $5,000.00;
- By confinement in the county or city jail for no more than 12 months;
- Or both.
A person who is convicted of a felony can be punished in any of the following ways:
- Imprisonment ranging from a few months to years;
- Fines, with the fine amount depending on the severity of the offense;
- Probation that includes following certain conditions (such as regular check-ins and drug testing);
- Restitution, which requires that a convicted person to pay the victim (s) for financial losses resulting from the offense; and/or
- Mandatory counseling or treatment programs.
This list is not exhaustive. The court could impose additional punishments, such as community service, loss of certain civil rights, and more.
Have Questions? I’m a Phone Call Away!
Unlike many other cases, domestic violence cases involve intimate relationships, including shared homes, shared finances, and shared history. They are emotionally charged cases, and can be deeply personal. As your defense attorney, I will protect your rights, and ensure fairness during a difficult process. Importantly, I will bring the full context, not just the worst moment, to the forefront. If you or your loved one is facing a domestic violence charge, give me a call!
