Battery, Assault and Obstruction of a 911 Call are the most common Family Violence Misdemeanors.   Prosecutors take Domestice Violence (DV) cases very seriously, often having a team of prosecutors designated solely for DV cases.

The long term consequences and collateral consequences are often more severe than the immediate ones.  Typical DV sentences are probation and a fine, but the collateral consequences can be deportation, loss of employment, loss of firearm permit or even the right to possess a weapon. Some business licenses can also be denied to those who have a DV conviction. Criminal convictions can also prove devastating to a Divorce Action.

As with many misdemeanor offenses Pre-trial Diversion Programs are now common and there are special “first offender” provisions of the Georgia Code that can help keep a criminal conviction off your record.

Self defense is a common defense to DV cases.  One recent improvement in Georgia Law is that a person who claims they acted in “self defense” is entitled to a full pre-trial hearing to determine whether the actions were justified under the doctrine of “self defense.”  Georgia Law also provides that the use of “Opprobrious Language” can justify a battery.

Another common defense is based on the fact that there are rarely witnesses to DV cases.  Police officers can make an arrest, but don’t have much to say when it comes time for trial.  That is because the statements of the individuals are usually not admissible.  Battery cases are often “he said / she said” cases without corroborating evidence.  Our experience is that the Government really just wants to see the underlying problems solved (ie, no more calls to the police), and if they are given a reasonable alternative to prosecution, they usually agree to dismiss charges.