Atlanta Domestic Violence Attorneys

Former Prosecutors & a Former Judge. Inside Knowledge of How Atlanta Builds These Cases.

Under Georgia law, what most people call “domestic violence” is prosecuted as “family violence” under O.C.G.A. § 19-13-1. The two terms cover the same conduct, and the consequences are serious. Under O.C.G.A. § 17-4-20.1, Georgia officers can make a warrantless arrest based on probable cause alone. The alleged victim’s consent isn’t required. Once an arrest is made, the State controls whether charges move forward. Even if the person who called police wants the case dropped, only the district attorney can decide to dismiss it.

If you or a loved one has been charged with domestic violence in Atlanta, don’t wait to get legal help. Our attorneys at Ross & Pines handle domestic violence defense throughout metro Atlanta, including Fulton County and DeKalb County courts.

Call (404) 812-4300 to speak with our team. We offer free consultations.

What Qualifies as a Family Violence Charge in Georgia?

Georgia’s family violence statute covers a broader range of relationships than most people expect. Qualifying relationships include current and former spouses, parents and children, stepparents and stepchildren, foster parents and foster children, co-parents, and anyone who currently lives or has previously lived in the same household, including roommates. Physical contact isn’t required for every charge. Simple assault, for example, can rest entirely on placing someone in reasonable fear of imminent harm.

Underlying offenses that qualify as family violence include:

• Any felony
• Simple assault and aggravated assault and battery
• Simple battery and aggravated battery
• Stalking
• Criminal damage to property and criminal trespass
• Unlawful restraint

After an arrest, you can be removed from the property even if it’s your own home, ordered to have no contact with the alleged victim, and barred from contact with your children. Restraining orders may be issued against you immediately. If you’re currently going through a divorce or custody proceeding, a family violence accusation can directly affect the outcome of that civil matter.

Penalties & Collateral Consequences of a Conviction

A family violence conviction carries consequences that extend well beyond the courtroom. Certain first-offense misdemeanors, such as simple assault in a family violence context, are elevated to a misdemeanor of a high and aggravated nature, meaning little good-time credit is available. Felony family violence offenses can carry one to twenty years in prison depending on the underlying charge. Even a misdemeanor conviction can cause lasting damage to employment, professional licensing, and reputation.

Additional consequences can include:

• Probation, fines, and community service
• Mandatory domestic violence counseling of up to 24 weeks and psychological evaluations
• Loss of custody or visitation rights in family court
• Federal firearm restrictions for individuals subject to qualifying protective orders or with qualifying family violence convictions

After an arrest in Atlanta, you may be brought before a judge for a bond hearing where release conditions and contact restrictions are set. Acting quickly gives us the opportunity to appear at that hearing and advocate for reasonable terms before they’re locked in.

Temporary Protective Orders in Atlanta Domestic Violence Cases

A temporary protective order (TPO) can be issued on an ex parte basis, without you present, and takes effect immediately. It can require you to vacate your home, prohibit contact with the alleged victim and your children, and restrict access to shared property. A TPO doesn’t require a criminal case to be pending when it’s filed.

Under Georgia law, a full hearing must be scheduled within 10 to 30 days of a TPO being issued. At that hearing, you have the right to appear and contest the order. The petitioner must prove their case by a preponderance of the evidence. This is a lower burden than the beyond-a-reasonable-doubt standard the State must meet in a criminal case, but it’s still a contested proceeding where legal representation matters. Violating a TPO is a separate criminal offense that can result in misdemeanor or felony charges and additional jail time.

We act quickly to defend clients facing TPO actions and know the process in Fulton County Superior Court and other Atlanta-area courts well. A TPO can be contested, modified, or dismissed at the hearing, and we can be there to make that argument.

How We Defend Domestic Violence Cases in Atlanta

Our criminal defense team is led by three former prosecutors and one former judge. That background gives us direct knowledge of how domestic violence cases are built and prosecuted in Atlanta courts, and we use it to identify weaknesses in the State’s case from the start. We conduct thorough investigations and prepare every case before trial as if a verdict is what’s at stake.

Common defense approaches in Georgia family violence cases include:

• Self-defense: Establishing that any physical contact was a lawful response to a threat
• False accusation: Presenting evidence that the alleged victim fabricated or exaggerated the claim
• Lack of probable cause: Challenging whether the warrantless arrest met the legal standard
• Procedural violations: Identifying errors in the investigation or arrest that can result in evidence exclusion
• Reasonable doubt: Holding the prosecution to its burden and demonstrating the evidence doesn’t meet it

The State must prove guilt beyond a reasonable doubt. We review police reports, body camera footage, witness statements, and records of prior interactions to identify what the prosecution can and can’t prove. When the alleged victim wants the case dropped, we press the district attorney on that position, but we prepare as if trial is the destination.

Why Clients Choose Ross & Pines for Domestic Violence Defense

Our approach starts with the specific facts of your situation and builds a defense strategy around them. Our team has over 100 years of combined legal experience, has earned Super Lawyers recognition, awarded to the top 5% of attorneys in each state, and holds a Martindale-Hubbell AV rating, the organization’s highest possible rating.

We handle domestic violence and family violence cases throughout metro Atlanta, including Fulton County and DeKalb County. Free consultations are available. Reach out today to talk through your options.

Contact Ross & Pines today and speak with an experienced domestic violence attorney in Atlanta.