Defense For All Aspects Of Domestic Violence Allegations
When police are summoned to a domestic disturbance, it sets in motion a whole series of events. For the accused, it’s a whirlwind. First a jail cell, then a restraining order, then criminal charges, often followed by trouble in family court or additional charges for violating court orders.
The legal team at Deadwyler-Heuman Law Firm, LLC, will intervene to protect your rights and slow things down so that you can address the allegations and get your life back on track. We will defend you in the criminal proceedings as well as the protective order hearing. We will make every effort to keep a domestic violence conviction off your record or mitigate the penalties and consequences in your life.
Arrested for family violence in the Bibb County area? Call our Macon law office at 478-845-5349 to set up a free consultation.
Family Violence Is Taken Very Seriously
Georgia law defines family violence (domestic violence) as acts that occur between spouses or ex-spouses, unmarried partners living together, parents of the same child, parents and children, or other persons living or formerly living in the same household. Family violence acts are felonies or battery, assault, stalking, criminal damage to property, unlawful restraint or criminal trespass.
Police will almost always arrest one of the parties (if not both) to defuse the situation and prevent further violence. The decision to prosecute family violence rests solely with the prosecutor – the victim cannot press charges or drop charges, and the prosecution will go forward with or without the victim’s cooperation if there is evidence that a crime occurred.
For these reasons, you cannot assume that the incident will “blow over” or that the alleged victim will convince the prosecutor to dismiss the case. You need to consult legal counsel and take the charges seriously.
A Methodical Defense
Our criminal defense attorneys are skilled litigators who will protect you at every stage of the process, including arrest, arraignment, preliminary hearings, motions and trial. We know how to probe the credibility of the allegations without attacking the alleged victim. We know that family violence is real but people also exaggerate or fabricate details for personal motives such as revenge or to gain an advantage in divorce or child custody proceedings.
Family violence can be charged as a misdemeanor or a felony, depending on factors such as prior incidents, use of a weapon, causing serious bodily harm, threatening the victim’s children or pets, or causing the victim to fear for their life. A conviction for domestic violence can result in jail or prison time, plus a criminal record that affects employment, education, housing or loans. It can also result in the loss of gun rights and other civil liberties.
Family Violence Protective Orders
When domestic violence is alleged, the court may issue a protective order that (a) directs the subject to refrain from certain acts, (b) grants possession of the residence to the victim, (c) provide alternative housing for the victim and children, (d) award temporary custody of minor children and visitation rights, (e) order the eviction of the subject from the residence, (f) order temporary child support and/or spousal support, (g) order the subject to refrain from harassing or contacting the victim and (h) order the subject to get counseling such as anger management to prevent future violence.
Violating any part of a protective order can result in additional criminal charges (misdemeanor), and the court may order further restrictions. Violating a protective order can also be used against you in family court proceedings. It is imperative to adhere to the judge’s terms, even if the alleged victim initiates contact.
Our attorneys will represent you in the hearing to argue against the need for a protective order or to modify the terms if the order puts an unreasonable burden on you. Do you really pose a threat or is the other party using it as leverage?
Contact A Lawyer As Soon As You Can
These cases are fast-moving and you need to take action to protect your rights, including your parental rights or immigration status. If you have been arrested for family violence and kicked out of your own home, call our Macon law firm at 478-845-5349 or use the email contact form. We offer a free consultation and take cases in Bibb County and surrounding Middle Georgia.