Will I Go to Jail for a DUI in Georgia?
Being accused of domestic violence can have significant implications on your life. Not only can it hurt your reputation, but it can also result in high fines and years of incarceration, among other consequences. That said, if you’re accused of domestic violence, a skilled Atlanta criminal lawyer from Williamson Legal stands ready to protect your future and freedom. Contact us for a free initial consultation today.
Under Georgia law, domestic violence is not defined as a separate crime but rather as a category of criminal conduct involving individuals who share a specific type of relationship. The term encompasses a range of offenses, like battery, assault, stalking, criminal trespass, and more, when committed against certain people. These individuals might include current or former spouses, parents of the same child, people living in the same household, or individuals who have lived together in the past.
What sets domestic violence apart from similar offenses is the nature of the relationship between the parties involved. A simple argument between strangers might lead to a misdemeanor charge of simple battery. But if the same incident happens between spouses, it becomes a domestic violence case, and with that label comes enhanced penalties, mandatory protective orders, and heightened scrutiny from prosecutors and judges alike.
In Georgia, police officers responding to a domestic call are trained to make an arrest if they have probable cause to believe a crime occurred. That means even if the alleged victim doesn’t want to press charges, law enforcement can and often will make an arrest anyway. In fact, it’s not uncommon for people to be charged based on limited evidence or even entirely false accusations, especially during emotionally intense disputes or contentious breakups.
Domestic violence charges can carry a wide range of penalties, depending on the circumstances of the case, the severity of the alleged harm, and whether the accused has any prior criminal history. For example, a first-time offense of simple battery (which is commonly charged in domestic situations) is typically classified as a misdemeanor. However, the consequences of a misdemeanor should never be underestimated.
A misdemeanor domestic violence conviction can result in up to 12 months in jail, fines of up to $1,000, probation, community service, and mandatory counseling or anger management courses. In some cases, even a first offense can lead to time behind bars, especially if the court believes the alleged victim is in danger.
More serious allegations, such as aggravated assault or aggravated battery, can be charged as felonies. These charges can carry prison sentences of one to twenty years, depending on the details of the case. Additionally, repeat offenders face increasingly harsh penalties. For instance, if you have a prior conviction for family violence battery, a second offense is automatically treated as a felony.
Beyond the criminal penalties, a domestic violence conviction can lead to devastating collateral consequences, such as:
You may lose the right to own or possess firearms
Your reputation could suffer irreparable harm
You may be restricted from seeing your children or even returning to your home
Employment opportunities may dry up, and housing applications could be denied
When someone is accused of domestic violence in Georgia, the court often issues a Temporary Protective Order (TPO). This order can place severe restrictions on the accused, such as requiring them to leave their home, cease all communication with the alleged victim, and stay a certain distance away from them at all times. While the intention behind a TPO is to provide immediate safety and prevent further conflict, the terms of these orders can be broad or inflexible, especially if there are shared children, property, or mutual responsibilities involved.
Violating a protective order is a criminal offense in Georgia. Even if the alleged victim initiates contact or asks to reconcile, it is the accused’s responsibility to obey the terms of the order until it is officially modified or lifted by a judge. Ignoring or misunderstanding those terms can result in a new criminal charge, often referred to as “aggravated stalking” or “violation of a family violence order.” These violations are taken very seriously and can result in additional jail time, fines, or even felony charges.
In some cases, a violation can occur without intent. A simple text message, a chance encounter in a public place, or even liking a social media post can be interpreted as a violation. Unfortunately, the law often doesn’t account for these subtleties. Judges and prosecutors tend to err on the side of caution, making it all the more important to have a skilled defense attorney guiding your every step.
Don’t face domestic violence charges without a skilled criminal defense lawyer in your corner. Williamson Legal has extensive experience representing individuals facing these charges, and we stand ready to put that experience to work for you. Contact Williamson Legal for a free consultation today.
© 2025 Williamson Legal, P.C.. All rights reserved. Attorney advertising.
