Experienced Domestic Violence Lawyers Defend Accused Persons in GA
Decisive steps to preserve your liberty and your reputation
If you are arrested for family violence in Georgia, you face aggressive prosecution and a possible felony conviction. So, before you attempt to explain to a judge how “it was all a big misunderstanding,” you must consult an accomplished criminal defense attorney with experience in domestic violence cases. When your liberty and your reputation are at stake, you can trust the Law Offices of Melvin S. Nash to provide vigorous defense focused on positive results. Drawing on more than 40 years of legal experience, as a prosecutor and judge, Melvin Nash fights to protect your rights.
Georgia’s family violence laws provide for severe penalties
Georgia’s family violence statute, O.C.G.A. 19-13-1, defines the offenses as “any felony” or “battery, simple battery, simple assault, assault, stalking, criminal damage to property, unlawful restraint, or criminal trespass” committed between:
- Past or present spouses
- Parents of the same child
- Parents and children
- Stepparents and stepchildren
- Foster parents and foster children
- Other persons living or formerly living in the same household
Often acts of family violence are punished more severely than identical acts between unrelated persons. For example, a first instance of simple battery carries the same potential punishment for unrelated offenders and offenders in a domestic relationship with the victim. However, a subsequent family violence battery is charged as a felony, while a standard battery does not draw a felony charge unless the accused has two prior convictions against the same victim.
Likewise, most simple assaults are misdemeanors, but a simple assault in the domestic context is charged as a high and aggravated misdemeanor.
Proactive defense to family violence protective orders in Marietta
Persons accused of family violence can also become targets of restraining orders. Courts may issue a temporary protective order ex parte, meaning the judge only hears from the accuser. This means you can be forced to vacate your premises, surrender personal property, cease contact with your children, and pay child and spousal support, all before you get to tell your side of the story.
The law requires the court to grant you a hearing within 30 days, where a judge can make permanent all the above sanctions and force you to receive psychiatric treatment as well.
Domestic violence protective orders provide powerful protections for a victim of abuse, but they can also be potent weapons for vindictive parties who want to harass an ex-partner or gain the upper hand in a child custody dispute. If you are the target of a restraining order, retain a proven and aggressive criminal defense lawyer to protect your rights.
Contact a highly professional criminal defense attorney serving Marietta and metro Atlanta
Severe penalties, loss of liberty, and loss of reputation are all reasons to seek aggressive criminal defense representation for a family violence charge. For determined advocacy throughout the legal process, call the Law Offices of Melvin S. Nash at 770.422.0878 or contact our office online to schedule a free initial consultation. We have six locations throughout metro Atlanta to serve your needs.