Paulding County Domestic Violence Lawyer

Downtown Dallas Attorneys With Prosecutorial Experience on Your Side

A domestic violence arrest sets consequences in motion before you ever appear in court. You may be removed from your home the same night, lose access to your children, and surrender your right to possess a firearm, all while the state builds its case. Georgia prosecutors can pursue family violence charges even when the alleged victim refuses to cooperate. Acting quickly with a domestic violence attorney in Paulding County gives you more options for challenging what happens next.

Henrickson & Sereebutra is located in historic downtown Dallas, steps from the Paulding County Courthouse. We’ve handled criminal defense and family law matters throughout Paulding County since 2004, and our attorneys bring prosecutorial experience to every case. We know how the state investigates and builds these charges because we’ve worked inside that system. We can seek to have a protective order removed so you can return home, work to have charges reduced, or pursue dismissal where the facts support it.

Contact Henrickson & Sereebutra by calling (770) 212-3313 today for your free consultation with a Paulding County domestic violence defense attorney.

What Georgia Law Defines as Family Violence

Georgia Code § 19-13-1 defines “family violence” as any felony offense or certain qualifying misdemeanors committed between people in a covered relationship. Those relationships include past or present spouses, parents of the same child, parents and children, stepparents and stepchildren, foster parents and foster children, and other persons living or formerly living in the same household.

Misdemeanor offenses that can be classified as family violence include:

• Assault and battery
• Stalking
• Criminal damage to property
• Unlawful restraint
• Criminal trespass

When a misdemeanor is classified as family violence, it is typically elevated to a misdemeanor of a high and aggravated nature, which raises the maximum fine from $1,000 to $5,000. These charges carry enhanced penalties compared to identical offenses committed against non-household members. A second family violence battery offense against a spouse or family member can be charged as a felony. Georgia law does exclude reasonable parental discipline from the statutory definition of family violence.

Penalties for Family Violence Offenses in Georgia

The consequences of a family violence conviction extend well beyond the sentence itself. Depending on how the charge is classified, you face a combination of incarceration, fines, mandatory programs, and collateral consequences that can follow you for years.

Penalties for a family violence offense may include:

• Up to 12 months in jail for a misdemeanor offense
• Up to 5 years in prison for a felony offense
• Fines ranging from $1,000 to $5,000
• Community service hours
• Mandatory anger management classes
• Issuance of a protective order
• Loss of the right to possess a firearm under both Georgia and federal law

The firearm prohibition catches many clients off guard. Under federal law, a family violence conviction triggers a lifetime ban on firearm possession regardless of whether the offense was a misdemeanor or a felony. A protective order alone can impose the same restriction while it remains in effect.

Common Defenses in Paulding County Domestic Violence Cases

No two family violence cases are identical. As your domestic violence attorneys in Paulding County, we review the specific facts of your case, examine how the investigation was conducted, and apply our prosecutorial background to anticipate how the state intends to present its evidence. That inside perspective shapes the defenses we build.

• False Allegations: Domestic violence charges sometimes arise from revenge, custody disputes, or personal conflicts rather than actual violence. We investigate the circumstances that led to the accusation.
• Self-Defense: Georgia law allows the use of reasonable force in self-protection. When the evidence supports it, we present a self-defense argument with documentation, witness accounts, and any available physical evidence.
• Lack of Evidence: We challenge the credibility of witness testimony and examine whether the physical evidence actually supports the charge. Inconsistencies in the record matter.
• Mutual Combat: When both parties participated and neither is clearly the sole aggressor, this defense can support a reduction in charges or dismissal, depending on the circumstances.
• Entrapment: If law enforcement induced or coerced conduct that otherwise would not have occurred, the entrapment defense may apply.
• Alibi: Witness testimony, surveillance footage, phone records, or other documentation placing you away from the scene can undermine the prosecution’s timeline.

Protective Orders and Georgia’s Mandatory Arrest Rule

Georgia operates under a mandatory arrest policy for family violence calls. When an officer responds and finds probable cause to believe a family violence offense occurred, an arrest is required, even if the alleged victim doesn’t want charges filed. That arrest frequently triggers an automatic protective order before you’ve had any opportunity to respond to the accusations.

A protective order can remove you from your home regardless of whose name is on the lease or title, prohibit all contact with the alleged victim, restrict firearm possession, and affect your custody and visitation rights. Prosecutors can pursue the underlying charges even when the alleged victim later recants or requests that the case be dropped. The state, not the alleged victim, controls whether charges continue.

You must avoid any contact that could constitute a violation of the order. A violation is a separate misdemeanor offense, and repeated violations can escalate to aggravated stalking, a felony under Georgia Code § 16-5-91. This applies even when the alleged victim initiates contact first. We advise clients on exactly what the order prohibits and work to petition the court to modify or dissolve it when the circumstances support doing so.

How Paulding County Courts Handle Domestic Violence Cases

Paulding County Superior Court, located on Constitution Boulevard in Dallas, handles all felony domestic violence charges and all family violence protective orders. Paulding County State Court handles misdemeanor cases. When charges involve a prior family violence conviction, weapon use, or felony-level conduct, the case moves to Superior Court.

The Paulding County Sheriff’s Office and local police departments conduct the initial investigations. The arresting officer’s testimony and the evidence collected at the scene are typically central to the prosecution’s case. We examine how each investigation was conducted, looking for procedural errors, inconsistencies in the evidence, and gaps in the documentation that can support your defense.

Our office is steps from the Paulding County Courthouse. We practice in these courts regularly, and that proximity gives our clients direct access to attorneys familiar with the judges, prosecutors, and procedures that will govern their cases from the first appearance through resolution.

What Henrickson & Sereebutra Brings to Your Defense

Domestic violence charges frequently intersect with divorce and child custody proceedings, and the outcome on the criminal side can directly affect what happens in family court. We’ve handled both criminal defense and family law matters throughout Paulding County since 2004, and that dual background means we see the full picture of what’s at stake when these cases overlap.

Founded in 2004 With Criminal and Family Law Experience
Our attorneys have worked on both sides of the courtroom, first as prosecutors and now as defense counsel. We understand how family violence cases are investigated, how evidence is gathered and presented, and where prosecutorial decisions get made. That background informs how we approach negotiation, challenge the state’s evidence, and advise clients on the likely trajectory of their case.

Personalized Guidance for Every Client
Clients receive guidance specific to their situation. We don’t apply a one-size-fits-all approach to a charge that touches every part of your life. Free consultations are available, and we encourage you to come in before your first court date while more options are still on the table.

Speak With a Domestic Violence Attorney in Paulding County Today

The earlier you retain legal representation, the more we can do to protect your rights and influence the direction of your case. Domestic violence cases move quickly after charges are filed, and decisions made in the first days can be difficult to undo. Our firm has served Paulding County from downtown Dallas since 2004, and our prosecutorial background gives us a direct understanding of how these cases are built and where they can be challenged. Call us at (770) 212-3313 to schedule your free consultation.

Contact our Paulding County domestic violence attorneys at Henrickson & Sereebutra by calling (770) 212-3313 today.