Domestic Violence ("Family Violence Act") Charges in Georgia

What You Need to Know

If you’re facing a domestic violence charge in Georgia, the consequences are serious and often permanent. At Mote Law, we defend clients across North Georgia facing these high-stakes accusations. Here's what you should know.

What Is Considered Domestic Violence or a "Family Violence Act" Charge in Georgia?

Georgia law refers to domestic violence as “family violence” and defines it as certain criminal acts committed between people with close relationships, such as:

• Spouses or ex-spouses

• Parents and children, and

• People who live—or have lived—in the same household.

Common charges include battery, assault, stalking, and criminal trespass.

Domestic arguments can sometimes lead to serious consequences. Arrest, prison, forfeiture of your right to own firearms, and more.

Arrest in Domestic Violence Cases

Georgia enforces strict arrest policies. Police must file a Family Violence Report when responding to a domestic call—and may arrest someone even if the alleged victim doesn’t want to press charges.

Officers are trained to identify the primary aggressor, especially in cases involving mutual accusations. But in these fluid situations, they often get it wrong. Once an officer decides who is the primary aggressor at the scene, it influences the entire prosecution. Without revealing the truth in complex domestic violence situations, sometimes the wrong person is charged with a life-altering crime.

Protective Orders in Georgia

Victims can request a Family Violence Protective Order, which can:

• Prohibit contact

• Remove the accused from the home

• Grant temporary custody of children

These orders can be temporary or last up to a year (or longer, in some cases).

Consequences

Sentences for Family Violence Act charges depend on how the State of Georgia chooses to charge the offense(s). For misdemeanor FVA convictions, someone faces up to 12-months imprisonment, fines, probation, and other stringent conditions. If the alleged acts are charged as felonies, the sentence can include lengthy terms of imprisonment from one year all the way up to twenty years of imprisonment.

The sentencing range for Family Violence Act offenses really depends on the specific facts of the case and the criminal history of the accused. Individuals charged with a Family Violence Act offense should contact an experienced attorney to get a more accurate assessment of their sentencing exposure.

Firearm Restrictions After a Conviction

Even a misdemeanor domestic violence conviction triggers a federal firearm ban under 18 U.S.C. § 922(g)(9). That means no possession or purchase of firearms and ammunition following conviction. This ban applies even without jail time, and can prevent individuals from holding certain jobs that require the possession of firearms and ammunition as part of their employment (i.e. law enforcement, security guards, and military service).

This restriction is permanent and the federal government takes this charge very seriously.

Defending Against Family Violence Charges

At Mote Law, we understand that domestic violence charges are not cut and dry. We also understand what's at stake—your record, your rights, and your future. We offer discreet and strategic defense for those charged with domestic violence in North Georgia. Time is of the essence with these types of cases.

Call Mote Law Today.

📞 706-200-8426

The information provided in this blog post by Mote Law, LLC is for general informational purposes only at the time of drafting. It does not constitute legal advice, nor should it be relied upon as such. Laws may change over time, and the facts of your situation may differ from those discussed here. No attorney-client relationship is created by accessing or reading this content. An attorney-client relationship with Mote Law, LLC is established only through a formal, written agreement to represent you. For legal advice specific to your circumstances, please contact Mote Law, LLC directly.