Many people assume that a domestic violence sentence can only be given to an individual that is married. In Atlanta, this is not always the case. Atlanta’s domestic violence laws also apply to domestic partners, parent-child relationships and stepparent-child relationships. Often, people accused of domestic violence have never been in trouble with the law. Domestic violence sentences can lead to restraining orders, fines, loss of custody and jail time.
Why Domestic Violence Occurs In Atlanta
Arguments with loved ones can touch emotions deep within us. Sometimes, people snap, act irrationally and find themselves charged with a crime that can carry stiff penalties. On other occasions, someone may call the police to try to calm a volatile situation without the goal of having someone arrested. However, once the police have been called, the situation is out of your hands, and there is a very good chance someone is going to be arrested.
If you have been accused of domestic violence or simple assault in Atlanta, you should get in contact with the experienced and knowledgeable attorneys at Andersen, Tate & Carr. We will represent you during your trial and make sure that your rights are protected.
Definition of Domestic Violence In Atlanta
According to Georgia Code § 19-13-1, domestic violence occurs when a past or present spouse, parent, stepparent or foster parent commits any felony against another member of the household. If they are charged with battery, assault, stalking or unlawful restraint against another member of their household, they could also be charged with domestic violence.
It is important to note that in Atlanta, a reasonable amount of physical discipline administered by a parent to a child---in the forms of corporal punishment, detention or restraint--- is not considered to be domestic violence. This is an important part of the law because it protects parents that are lawfully punishing their child from being illegally persecuted.
Contact Our Team of Experienced Atlanta Domestic Violence Attorneys Today
At Andersen, Tate & Carr, our attorneys work to understand both sides of a domestic violence case. Attorney Pat McDonough, who leads our criminal division, is a former prosecutor, so he has a unique insight into potential weaknesses in the case against you. Pat McDonough will do everything he can to find cracks in the prosecution’s case and defend your rights.
Criminal defense attorney Trinity Hundredmark has experience representing the best interests of her clients’ families. She heads the domestic relations division for Andersen, Tate & Carr. Her unique combination of criminal defense and family law experience allows Ms. Hundredmark to defend her clients’ families by fully understanding each case’s legal stance.
In any domestic violence case, the nature of the relationship must be examined. If a couple is getting a divorce, or if a couple is in a heated custody battle, these extenuating circumstances must be considered. We understand that people can act irrationally when fighting for their kids or marriages, and we will fight hard to make sure that our clients’ rights are protected. We have had tremendous success in getting these cases dismissed and having our clients’ arrest records expunged or restricted.
If you have been accused of domestic violence or are accusing someone else of domestic violence, please contact our firm today for a free, no-obligation consulation to discuss your case and make sure that your rights are being protected.