Georgia Domestic Violence Laws

In Georgia, domestic violence is commonly called family violence. It includes abusive acts committed between family and household members. The Georgia General Assembly has acknowledged that family violence takes its toll in many ways, including emotional and physical abuse, serious injuries, and deaths.

Georgia has laws and programs in place to help family violence victims and punish their abusers. These are part of the Georgia Family Violence Act.

This article will help explain Georgia’s efforts to combat family violence. We’ll explain Georgia’s definition of domestic violence, discuss options available for victims, and prepare you for navigating Georgia’s legal system.

Georgia Domestic Violence Laws

To many, police and criminal law offer a first defense against domestic violence. During a family violence incident, police and other first responders can separate the victim and the offender and provide needed help. Police can arrest an offender. Prosecutors can work to hold the offender accountable for breaking the law.

Although Georgia does not have a stand-alone domestic violence crime, it gives significant sentencing enhancements when family violence is the basis of a specific crime. Victim advocates can help family violence survivors keep track of a criminal case and give input into the case and any proposed resolution. A criminal court can issue a protective or no-contact order during a criminal case.

As in other states, Georgia also offers relief for family violence victims through the civil protection order process. This separate avenue for stopping contact and providing safety does not require the filing of a criminal case.

To qualify as family violence in Georgia, an abusive act must happen between parties that have a close personal relationship. If the act does not happen in a family relationship, it will not be domestic or family violence. Let’s look at each part.

Family Violence in Georgia: Family Members and Household Members

Nobody wants to suffer abuse. Having it come from someone you love or trust makes it worse.

In actions for civil protection orders, the people involved in family violence must share a close personal relationship. This includes family members. Relationships and people eligible for family violence classification include:

• Spouses
• Former spouses
• People who are parents of the same child
• Parents and children
• Foster parents and foster children
• Stepparents and stepchildren
• Others living in the same household

In criminal cases, the penalty enhancements available in family violence cases require the same personal relationships as listed above, except they exclude siblings.

Not every bad act that happens between people listed above is family violence. The type of crime is important for classification.

Family Violence in Georgia: Eligible Crimes

For acts considered to be domestic abuse, Georgia allows a broad spectrum of offenses. Family violence is based on power and control. Abusers use a variety of tactics to inflict abuse on victims. These different types of domestic violence create a vicious cycle of abuse that often thwart a victim’s attempt to escape.

While unwanted physical contact is common, it’s not the only category of abuse Georgia considers to be family violence. Eligible crimes are any of the following:

• Any felony
• Assault
• Battery
• Criminal damage to property
• Criminal trespass
• Simple assault
• Simple battery
• Stalking
• Unlawful restraint

If people in qualifying relationships have at least one of the preceding offenses happen between them, it’s considered family violence in Georgia. This classification unlocks access to specific protections in a civil protection order case. In a criminal prosecution, a finding of family violence may increase the criminal penalties.

Family Violence and Georgia: Dating Violence and Stalking

Dating violence and stalking fall into a gray area of the Georgia Family Violence Act. Dating violence involves crimes like family violence but happens between people in a romantic relationship. It can apply to people who never lived together. Victims of dating violence can seek civil protection orders. But, the nature of their relationship does not lead to enhanced penalties in a criminal case.

Stalking victims have access to civil protection orders regardless of the relationship between the victim and abuser. Stalking is also a separate criminal offense that can lead to jail time.

Georgia Domestic Violence Laws: Protective Orders and Other Forms of Relief

Having a qualified crime classified as family violence benefits the victim in many ways. Protections available to family violence victims can offer hope and a path to freedom from their abuser.

Georgia Protective Orders

Also called restraining orders, Georgia protective orders help keep abusers away from their victims. While not perfect, they are often an effective deterrent to further abuse. Violations can lead to fines and jail time.

Protective orders have provisions tailored to the needs of the victim. No-contact orders and stay-away orders are common inclusions but far from the only ones. The relief offered varies between orders but can include provisions such as:

• Ordering the respondent (abuser) to stop abusing the petitioner (victim)
• Order the respondent to have no contact with the petitioner
• Awarding the petitioner possession of a shared home
• Order assistance to help a victim retrieve personal property
• Order the respondent to provide alternate housing for a spouse, former spouse, and minor children
• Award temporary child custody and set temporary visitation rights
• Award temporary child support and/or spousal support
• Order the respondent to attend a family violence intervention program
• Order the respondent to have a psychiatric evaluation

The court can add any necessary provision for the victim’s safety. An order may use some, all, or none of the listed conditions. For a deep dive into Georgia protective orders that includes a step-by-step explanation of how to get one, read FindLaw’s Georgia Protective Orders Laws article. It also covers orders for dating violence and stalking.

Petitioners (victims) begin by filing for an ex parte temporary protection order (TPO). The law does not require that they have a criminal case pending at the time they file. Forms are available online and at your superior court. The clerk of the court can help you fill out the forms but can’t offer legal advice. The clerk takes your petition to a judge, who may ask you questions.

If the court agrees that there’s a threat of abuse, it will issue the temporary order. It lasts until the final court hearing, within 10 to 30 days. Law enforcement will serve the respondent (abuser) with the order. If the respondent does not appear after service to oppose the order, the court will likely grant a final family violence protective order (FPO).

If the respondent opposes the order, things get settled in court. Both participants argue their positions, present evidence, and call witnesses. If the petitioner convinces the court that the threat of abuse remains, the FPO will issue. It lasts up to a year and is renewable for any time the court chooses. TPOs and FPOs are good anywhere in the U.S. under federal law.

In a civil protection order hearing, the petitioner must prove their case by a preponderance of the evidence. This is a lesser standard than the required proof beyond a reasonable doubt in a criminal case. The petitioner must show it is more likely than not that the respondent engaged in family violence and threatens their safety.

Georgia state law does not ban people under protection orders or with family violence convictions from possessing guns. But federal law does. Depending on the nature of the protective order or conviction, federal law may protect victims and ban access to guns.

All protection orders get entered into the Georgia Protective Order Registry.

VoteSafe

Escaping an abuser is no easy task. Getting found again is tragic. Georgia offers some protection through the VoteSafe program. This keeps the victim’s true address off public voting records. You’ll need to provide proof of family violence or a protection order when you apply.

Lease Termination

Being trapped by penalties associated with breaking a lease should never stop a victim from fleeing their abuser. Under Georgia law, victims of family violence can make a legal break of a lease with 30 days written notice and proof of abuse or a protective order.

Domestic Violence Advocates

People who know what you’re going through are some of a victim’s strongest allies. Family violence advocates know what you need to do, where you need to go, and what sort of help is available.

Georgia Domestic Violence Laws: Transgression, Violations, and Penalties

As discussed earlier, crimes classified as family violence can enhance penalties for the abuser. They can also punish repeat offenders. The penalty for simple assault is a misdemeanor. If it meets the requirements of family violence, the charge becomes family violence simple assault. It’s then a misdemeanor of a high and aggravated nature, which can bring up to 12 months in jail and a fine of up to $5,000.

Sentences for battery operate similarly. It normally takes a third offense against the same person to reach a felony penalty. In cases of family violence battery, a second offense can lead to felony charges. Along with prison or jail time, courts can also order abusers into mandatory family violence intervention programs (FVIP) or other violence cessation programs as part of a sentence.

If your abuser violates or threatens to violate a protective order, call 911 if you’re in immediate danger. Report the violation no matter what. In cases of family violence, law enforcement can arrest the dominant aggressor, who is likely to be your abuser. They can also arrest the person without a warrant for protection order violations.

Violations carry different potential punishments. Penalties can enhance or be added to sentences for the crimes committed during the violation. This includes:

• Contempt
• Misdemeanor for non-violent violations
• Misdemeanor of a high and aggravated nature for abusive crimes

Certain violent felonies have upgrades to their penalties when they include family violence. For example, an aggravated assault such as a strangulation attempt will carry a potential penalty of one to 20 years in prison. If family violence forms the basis of the incident, then the potential penalty expands to three to 20 years in prison.

Georgia Domestic Violence Laws: Review

Nobody wants to be a victim of domestic violence. Knowing what to do makes a big difference. The following table highlights the main provisions of the state of Georgia’s family violence laws. It also has links to important statutes.

Georgia Domestic Violence Laws: Helpful Resources

• National Domestic Violence Hotline (1-866-799-7233)
• Georgia Coalition Against Domestic Violence
• Find Your Georgia Superior Court
• Georgia Protective Order Forms
• Domestic Violence FAQ

Dealing With Family Violence in Georgia? Talk to an Attorney

If you are suffering physical violence, emotional abuse, or any other type of family violence, call 911 and get help. When the time is right to leave your abuser, consulting a Georgia domestic violence attorney is a good idea. Their experience with domestic violence cases can improve your chances for a better life.

The best way to defend yourself against domestic violence charges is by developing an attorney-client relationship with an experienced criminal defense attorney in Georgia. They’ll examine your criminal record, explain your options, and give you the best legal protection possible.