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Is there a solid defense for family violence assault in Georgia?

On Behalf of | May 21, 2024 | Criminal Defense

Family violence assault is a serious criminal offense that can result in lasting impacts on the accused and the alleged victims. Georgia takes a firm stance against domestic abuse, making defending against these charges an uphill task.

Suppose you’re facing family violence assault charges in the Peach State; this means that the alleged victim is your family member, and they’re accusing you of emotional, physical and/or sexual harm. By familiarizing yourself with the legal terrain of family violence assault charges, you can pinpoint potential defenses that are suitable for your situation.

What is family violence assault?

According to state law, this criminal offense is broadly defined to encompass violent offenses committed within households. In simpler terms, the only people who can accuse you of family violent assault are:

  • Those you’re or have been married to (current or former spouses)
  • People you cohabit or have cohabited with (roommates and dating partners)
  • Family members you’re related to by blood (parents, children, step-relatives)

Furthermore, family violent assault can be aggravated, which is actually causing harm, or simple, which is threatening violence.

Consequences of family violence assault charge

Since state courts take family violence assault offenses seriously, facing these charges can be damning even without sufficient evidence to prove that you’re guilty beyond a reasonable doubt. Naturally, the prosecution’s priority will be to uphold the alleged victim’s safety against the alleged violence they may continue to suffer from you.

For this reason, the judge presiding over your case may issue a protective order that prohibits you from contacting the alleged victim. It’s crucial that you obey this protective order and avoid reaching out to the alleged victim, no matter how you feel or what you want to say to them.

Potential defenses for family violence assault

Claiming self-defense is among the strongest defense strategies against domestic violence. However, you can only use this strategy if you can demonstrate that your violence was a reaction to the fear of imminent harm.

You can also claim false allegations if the alleged victim fabricated domestic violence accusations. Fabricated accusations are common in high-conflict divorces where spouses weaponize domestic violence to gain favor in the divorce settlement.

Suppose you’re facing family violence assault accusations; it’s crucial to acknowledge that these are complex charges that you do not want to fight on your own. Even if you believe yourself to be innocent, it’s best to lean on a reliable legal team that can use the weaknesses of the prosecutor’s case to develop a strong defense strategy on your behalf.

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