Facing Charges of Domestic Violence? Abuse?
If you’ve been accused of domestic violence, you need aggressive legal representation to start your defense now. Recent changes to domestic violence laws in Georgia mean your case could be more complicated than you imagined.
Georgia Domestic Violence Attorney Tom Barton can help. An attorney with a high AVVO rating, Tom Barton has the experience and skills necessary to build a defense that can help you get a favorable outcome in your case.
What is Domestic Violence?
Perhaps one of the most terrifying things about being charged with a crime is the utter lack of understanding you might have about the charges against you.
Family battery, domestic violence, abuse – Georgia law is a little confusing when it comes to these terms. It’s actually defined as:
The occurrence of one or more of the following acts between 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:
(1) Any felony; or
(2) Commission of offenses of battery, simple battery, simple assault, assault, stalking, criminal damage to property, unlawful restraint, or criminal trespass.
O.C.G.A. § 19-3-1.
Although many have the impression that family violence only includes acts of physical abuse, this is not so. Assault, stalking, trespass, and property damage are also considered family violence according to Georgia law. Thus, if your spouse or partner subjects you to mental, emotional or verbal abuse, you may be a victim of family violence according to Georgia law.
Federal Law prohibits the possession of any firearm for those convicted of Domestic Violence. Just like folks who are convicted Felons, if you get convicted of Domestic Violence, you can never possess a firearm again!
Temporary Protective Orders
If you’ve been charged with the crime of domestic violence, the victim may seek a temporary protective order against you.
In most cases, this means you won’t be able to see the victim, and you may not even be able to see your kids while the order is in place.
While you may not be able to prevent the protective order from being entered, it is possible to fight it. Within 30 days of the order being issued, a hearing must be scheduled, and at that point, you can present your defense. Having an experienced criminal defense attorney like Tom Barton on your side for this hearing is a must. You need the help of an attorney like Tom who understands how to fight the protective order and fight for your rights, especially when it comes to the ability to see your children.
Domestic violence allegations are very serious. They can be a misdemeanor or even a felony depending on the circumstances that surround the incident.
If you’re looking for a domestic violence lawyer in Clayton County, Fayette County, Rockdale County, Spalding County, Butts County, Henry County or the surrounding areas, contact Tom Barton immediately and take a stronger approach to your defense. He can answer all of your questions, let you know what to expect, and make sure you get a better outcome, even under these stressful circumstances. Schedule a consultation session with Domestic Violence attorney Tom Barton today.