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Domestic Violence

Definition of Domestic Violence in Georgia

Domestic Violence and Family Violence has a complicated nomenclature. These issues exist in all parts of society, affect virtually every person at some point in their life, and have a broad spectrum of concerns.

When you hear “Domestic Violence,” people tend to think only of a woman who has been beaten by her husband or boyfriend. This is a narrow and incorrect view.

In Georgia, “family violence” is defined broadly. O.C.G.A. §19-13-1(1) and (2), defines Domestic Violence as the occurrence of a felony or the commission of a battery or simply battery, assault or simple assault, stalking, criminal damage to property, unlawful restraint, or criminal trespass with a predicate “family” relationship.

Charges can include:

  • Affray
  • Simple battery
  • Battery
  • Criminal Trespassing
  • Aggravated Assault
  • Aggravated Battery
  • Stalking
  • Aggravated Stalking

“Family” relationships include past or current spouses, people who are parents of the same child, parents and children, stepparents and stepchildren, foster parents and foster children, or other people currently or formerly living in the same household. What many people don’t realize is that this definition of family violence even extends to current roommates or prior roommates.

Family violence often involves a pattern of injurious behavior that is typically used to establish power and control over a household member that includes not only punching or hitting, but it also can include sexual, psychological, or emotional mistreatment. Battered Wife Syndrome or Battered Spouse Syndrome has been extensively studied by academia and is strongly accepted by the Courts.

That being said, keep in mind that a person can be a victim without showing any obvious physical harm. Psychological abuse can include threats made, attempts to make you feel inferior or acts of a controlling nature towards you.

In Domestic Violence it is common for both victims and the accused to come from all sectors and stations in society. Same Sex Violence, Elder Abuse, Roommate Violence, Violence between Ex-Boyfriends and Ex-Girlfriends, Violence between Siblings and
Battered Wife/battered Spouse issues are pervasive.

If you have been involved in a family violence situation you need a Georgia Family Violence Attorney with Experience in Civil and Criminal matters to assist you.

We are here to Help. Call Attorney Joshua G. Schiffer of The Schiffer Firm, LLC at 404-842-0909 for a consultation regarding your issues.