Paulding County Domestic Violence Lawyer

Domestic Violence Laws in Georgia

If you have been arrested for any type of domestic violence, you need an aggressive attorney on your side to fight for your rights and help you find your way out of the criminal justice system as quickly as possible. Come to Henrickson & Sereebutra for help from our team of former prosecutors with more than fifty years of combined experience.

Our firm can assist you in petitioning to have the protective order removed so you can return to your home. We can also seek to have the charges reduced or dismissed so that you can get your life back in order. Accusations of family violence are no small matter; they should be handled immediately by one of our experienced criminal defense lawyers in Paulding County.

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

What is Family Violence?

Georgia Code § 19-13-1 defines "family violence" as being any type of felony offense or certain misdemeanors when they occur among "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."

Misdemeanor offenses that may be classified as family violence include:

• Assault / battery
• Stalking
• Sexual battery

In these cases, the misdemeanor will typically be increased to a misdemeanor of a high and aggravated nature, which increases the fine from $1,000 to $5,000. It is also true that instances of family violence are punished more severely than identical crimes committed under non-domestic circumstances. You could face a felony charge for a second family violence battery offense if it is committed against a spouse or family member.

What Are the Penalties for Domestic Violence in Georgia?

As previously mentioned, there are a number of different criminal offenses that may be classified as an act of family violence. Assault, battery, and stalking can all lead to domestic violence charges; however, the penalties will ultimately depend on the nature of the offense.

The penalties for a family violence offense may include:

• Up to 12 months in jail (misdemeanor)
• Up to 5 years in prison (felony)
• Between $1,000 and $5,000 in fines
• Community service hours
• Anger management classes
• Issuance of a protective order
• Loss of ability to possess a firearm

What are Common Defenses Against Domestic Violence Charges?

If you have been accused of domestic violence, a number of legal defenses may be available to challenge the charges or reduce the consequences. Each case is unique, and a Paulding County domestic violence lawyer will carefully review the facts of your case to determine the best defense strategy for your situation.

• False Allegations: In some cases, domestic violence charges arise from false accusations, often due to revenge, custody disputes, or personal issues.
• Self-Defense: If you acted out of necessity to protect yourself or others from imminent harm, you may be able to claim self-defense. Georgia law allows individuals to use reasonable force in self-protection, and your lawyer will present evidence supporting this claim.
• Lack of Evidence: This may include questioning the victim’s credibility or pointing to the lack of physical evidence.
• Mutual Combat: In cases where both parties were involved in a fight and neither is clearly the aggressor, the defense of mutual combat may apply. This could reduce the severity of the charges or lead to a dismissal.
• Entrapment: If law enforcement or government agents encouraged or coerced you into committing the crime, the defense of entrapment may be used, arguing that you were induced to act in a way you otherwise would not have.
• Alibi: If you were not at the scene of the alleged incident, an alibi defense can be presented with evidence such as witness testimony or surveillance footage to prove your innocence.

How to Remove Protective Orders in Domestic Violence Cases?

An arrest for domestic violence will frequently result in a protective order being issued against the suspect, which has the power to remove you from your home—regardless of who is on the lease or the title—prohibiting you from coming near the alleged victim and even depriving you of the right of child custody or visitation.

You must avoid being caught in violation of this order at all costs, as you can be arrested and taken back to jail, even if the alleged victim initiated contact. Retain legal representation as early as possible in the case, to guide you through this challenging experience and help you avoid a criminal conviction.

Considerations for Domestic Violence Cases in Paulding County

Paulding County courts, like those in many smaller Georgia counties, handle a high volume of criminal and family law cases. Domestic violence cases can take time to investigate and litigate. 

In Paulding County, the Superior Court is responsible for handling felony domestic violence cases and protective orders, while State Court handles misdemeanor cases. If the offense involves felony charges or aggravating factors such as prior domestic violence convictions or the use of a weapon, the case will likely be heard in Superior Court.

It is also important to consider the role of local law enforcement in Paulding County. The sheriff’s department and local police officers are responsible for investigating domestic violence allegations. In many cases, the arresting officer’s testimony and the evidence they present are crucial to the prosecution’s case. 

A Paulding County domestic violence lawyer will work to examine how the investigation was conducted and whether there were any errors or inconsistencies that could be used to your advantage in defending the charges.

Understanding Your Legal Options

Domestic violence cases can be complex and emotionally challenging. It is crucial to understand your legal rights and options when facing such a situation. Our experienced team of former prosecutors at Henrickson & Sereebutra can provide you with the guidance and support you need during this difficult time.

Our services include:

• Legal representation in domestic violence cases
• Assistance in obtaining protective orders
• Guidance on navigating the legal system
• Support in seeking justice and protection for yourself and your loved ones

Work with a Team of Former Prosecutors in Paulding County

If you have been arrested for domestic violence, you need a hard-hitting Paulding County domestic violence attorney on your side. Fortunately, you can trust that this is exactly what you will receive when you work with Henrickson & Sereebutra.

With experience as former prosecutors, our domestic violence lawyers are well-equipped to fight for a favorable resolution in your case. We can put more than 100 years of combined legal experience to work for you as soon as you give us a call, so don't wait any longer to take the first step.

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