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DV Education/FAQ

Domestic Violence (DV) as a subject applies to a wide variety of issues.  The Schiffer Firm, LLC limits our scope of practice to the following DV issues.

The Official Code of Georgia Annotated (OCGA) Defines “Family Violence” in  § 19-13-1 –as:
the occurrence of one or more of the following acts between 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:

  1. Any felony; or
  2. Commission of offenses of battery, simple battery, simple assault, assault, stalking, criminal damage to property, unlawful restraint, or criminal trespass.

The term “family violence” shall not be deemed to include reasonable discipline administered by a parent to a child in the form of corporal punishment, restraint, or detention.

Depending on the alleged level of violence encountered in the incident, the officers on scene and the elected prosecutor of the jurisdiction will determine whether the charges are going to be felonies or misdemeanors.
All Domestic Violence Convictions will limit your 2nd Amendment Rights when it comes to ownership of Firearms and will also drastically affect your ability to remain in or immigrate to the United States if you are not a Citizen.  

Common Domestic Violence Charges include:

Misdemeanors: All Misdemeanors in the State of Georgia are punishable by up to one year in jail and a $1000-$5000 fine.   Additionally Misdemeanor and Felony sentences can include a wide variety of other requirements including Educational Components, Community Service and other restrictions.

  • Simple battery
  • Simple Assault
  • Affray
  • Criminal Trespass
  • Criminal Damage to Property
  • Battery
  • Sexual Battery
  • Cruelty to Children in the 3rd  Degree.
  • Stalking
  • Violation of a Protective Order

Felonies: Felonies in the State of Georgia are punishable by one year or more in the Georgia

  • Department of Corrections or a local penal facility.
  • Aggravated Assault
  • Aggravated Battery
  • Murder
  • Rape
  • Cruelty to Children in the 1st and 2nd Degrees.
  • Criminal Damage to Property
  • Aggravated Sexual Battery
  • Aggravated Stalking
  • False Imprisonment
  • Kidnapping

OTHER FELONIES AND MISDEMEANORS CAN BE CONSIDERED AS FAMILY VIOLENCE UNDER DEPENDING ON THE CIRCUMSTANCE INVOLVED

Second Offense:  Any person accused of Domestic Violence against a prior victim will be charged as a FELONY

Law Enforcement Duties for Domestic Violence Incidents:  OCGA 17-4-20-1