Family Violence
Family violence involves certain harmful acts committed between people who have specific family, household, or relationship connections. Under Georgia law, family violence can include acts such as battery, assault, stalking, criminal damage to property, unlawful restraint, and criminal trespass.
Family violence can affect many areas of family law. It may lead to a protective order and can also influence decisions involving child custody and parenting time. Understanding how Georgia law addresses family violence can help people facing these difficult situations know what legal options may be available.
What Is Considered Family Violence in Georgia?
Under Georgia law, family violence includes certain felony offenses and specified acts committed between qualifying people. Physical injury is not required for every type of conduct covered by the law.
Family violence may include:
- Battery or simple battery
- Assault or simple assault
- Stalking
- Criminal damage to property
- Unlawful restraint
- Criminal trespass
- Certain felony offenses
However, Georgia’s definition does not include reasonable discipline by a parent involving corporal punishment, restraint, or detention. Whether particular conduct qualifies as family violence depends on the circumstances and the relationship between the people involved.
Who Is Covered by Georgia’s Family Violence Law?
Georgia’s family violence law applies to more than married couples. The relationship between the people involved is an important part of determining whether conduct falls within the statute.
The law generally covers acts occurring between:
- Past or present spouses
- Parents of the same child
- Parents and children
- Stepparents and stepchildren
- Foster parents and foster children
- People currently or formerly living in the same household
A person who does not fall within one of these relationships may have other legal protections depending on the circumstances. For example, Georgia has separate laws that may apply to stalking.
What Is a Family Violence Protective Order?
A person who experiences family violence may be able to ask a Georgia court for a protective order. A protective order can place legal restrictions on the person accused of committing family violence.
A judge may initially issue a temporary order without the other party being present when the legal requirements are met. A hearing is then generally scheduled so both sides have an opportunity to present information to the court.
The protections included in an order depend on the circumstances. Violating a protective order can also result in serious legal consequences, so both parties should understand exactly what an order requires.
What Can a Family Violence Protective Order Do?
Georgia courts have authority to provide several forms of relief when issuing a family violence protective order. The specific terms depend on the needs of the people involved and the facts presented to the court.
An order may address issues such as:
- Contact between the parties
- Possession of the family home
- Temporary custody of minor children
- Temporary child support
- Temporary spousal support
- Possession of certain personal property
- Other protections the court finds necessary
Because a protective order can affect important family rights, the terms should be read carefully and followed closely.
How Can Family Violence Affect Child Custody and Parenting Time?
Georgia courts decide child custody and parenting time based on the child’s best interests. When there is evidence of family violence, the court must consider it when determining an appropriate arrangement.
A judge may consider the safety of the child and the parent who experienced family violence. Depending on the circumstances, the court may order supervised parenting time, protected exchanges, or other safeguards designed to reduce safety risks.
The court will consider the evidence and circumstances when deciding legal custody, physical custody, parenting time, and any conditions needed to protect the child and other family members.
What Evidence Can Be Used in a Family Violence Case?
Evidence can be important when the parties disagree about what happened. There may be several ways to document alleged family violence depending on the circumstances.
Potential evidence can include:
- Photographs of injuries or property damage
- Text messages, emails, or voicemails
- Police reports
- Medical records
- Witness statements
- Video or audio recordings obtained lawfully
- Prior court or protective orders
No single type of evidence is required in every case. Courts consider the information presented and determine its importance based on the facts.
Preserving relevant records can help an attorney evaluate the situation and determine what information may be useful in court.
How Long Can a Family Violence Protective Order Last?
A temporary family violence protective order may provide immediate protection until the court holds a hearing. After hearing from the parties, a Georgia court may issue a longer-term order when the legal requirements are satisfied.
Under Georgia law, a family violence protective order may generally remain in effect for up to 12 months. Before the order expires, the court may convert it to a permanent order after notice and a hearing.
Because protective orders can have lasting effects on family relationships and legal rights, understanding the duration and specific terms of an order is important.
Contact the Atlanta Family Lawyers at Crystal Wright Law, LLC for Help Today
Family violence can create urgent questions about safety, children, housing, and legal rights. Crystal Wright Law, LLC helps clients in Atlanta, Georgia, understand protective orders and family law matters involving allegations of violence.
Whether you are seeking protection or responding to allegations, our Atlanta family law attorneys can review your circumstances and explain your legal options. Contact Crystal Wright Law, LLC today at (404) 594-2143 to schedule a free consultation and learn how we can help.
