Collateral Consequences of Domestic Violence Convictions

After the sentencing phase of a domestic violence conviction, many defendants believe they’re on the downhill portion, especially if they receive probation. But in reality, the climb is just beginning, at least in most cases.

All criminal convictions have collateral consequences. Typically, defendants know little or nothing about these effects. Judges aren’t legally required to warn defendants about collateral consequences, and many lawyers are unaware of them. As outlined below, the collateral consequences of a domestic violence conviction are especially severe.

For purposes of this blog, “domestic violence” is an umbrella term that includes not only domestic battery but also cases like stalking, false imprisonment, violation of a protective order, and terroristic threat.

A good Marietta criminal defense lawyer does more than admonish defendants, so they know what to expect next. A good lawyer also helps convicted defendants deal with these effects, both in and out of court. This assistance is vital because, with very few exceptions, domestic violence convictions cannot be sealed or expunged in Georgia. So, a Marietta criminal defense lawyer must proactively deal with the collateral consequences of a domestic violence conviction.

What is a Domestic Violence Conviction in Georgia?

As mentioned, Georgia does not have one single criminal offense called “domestic violence.” Instead, conduct involving family or household members may result in charges such as simple battery, aggravated battery, simple assault, aggravated assault, stalking, or other offenses.

Perhaps most significantly, Georgia’s family violence laws often affect protective orders and family law proceedings. More on these things below.

Since “domestic violence” is a vague term that the Legislature has never clearly defined, the consequences therefore depend heavily on the specific offense and the relationship between the defendant and alleged victim.

Can a Domestic Violence Conviction Affect Gun Rights in Georgia?

Many people believe strongly in the Second Amendment’s right to keep and bear arms. For these individuals, firearm ownership and carrying restrictions may be the most significant collateral consequence of a domestic violence conviction.

Under federal law, a qualifying misdemeanor domestic violence conviction prohibits the possession, receipt, shipment, or transportation of firearms or ammunition. In Georgia, a qualifying domestic violence misdemeanor must involve an intimate partner, parent, or child and the use, attempted use, or threatened use of physical force or a deadly weapon. 

Georgia’s own firearm restriction laws also put domestic violence convictions among convictions that can disqualify an applicant from obtaining a Georgia weapons carry license. 

State authorities typically use the broader domestic violence definition discussed above. However, the prohibition is not absolute, at least in most cases. Furthermore, a Marietta criminal defense lawyer usually has the right to demand a hearing, so defendants can tell their side of the story.

The interplay between state and federal law is complex. Because of this complexity, someone with a domestic violence conviction should not assume that a state law restoration of rights automatically restores federal firearm rights.

Will a Domestic Violence Conviction Show Up on a Background Check?

Since they generally cannot be restricted, domestic violence convictions almost always appear during employment background checks and may affect an employer’s decision to hire or retain an individual.

Many local jurisdictions have “ban the box” laws. In these jurisdictions, it’s illegal for employers to ask about criminal convictions during screening interviews. However, the subject is fair game during subsequent hiring proceedings, as well as post-employment decisions, such as promotion, pay increase, or termination.

The practical effect varies considerably by occupation. Some employers may consider the nature of the offense, how long ago it occurred, the sentence, and the relationship between the offense and the position.

Other positions, especially certain public safety jobs, often have very strict requirements. For example, most people with felony domestic violence convictions, or a pattern of misdemeanor convictions, are ineligible for employment with the Georgia Department of Public Safety.

Can a Domestic Violence Conviction Affect a Professional License?

Similar strict rules abound in most healthcare or other highly regulated positions. Applicants may be required to provide information about their criminal history or explain convictions when applying for or renewing professional credentials.

The good news is that a domestic violence conviction does not necessarily mean that every professional license will be denied. Instead, the effect depends on the particular licensing statute, board rules, offense, and circumstances. Legal advice, and often legal advocacy as well, is crucial in these situations.

How Can a Domestic Violence Conviction Affect Child Custody?

Any domestic violence conviction is usually highly relevant in divorce and other Georgia family law proceedings.

Georgia courts must consider the best interests of the child when determining custody and visitation. By law, state courts must consider verified allegations of domestic violence when making appropriate custody and parenting arrangements.

Verified allegations or convictions do not create an automatic presumption against custody for a parent who has committed family violence, but courts must consider relevant family-violence evidence and may structure parenting arrangements around the safety of the victim and children.

A Marietta criminal defense lawyer often contests verification in these cases. A he said-she said exchange usually doesn’t hold up in court without third-party corroboration, like a police report. Furthermore, a computer screenshot or piece of paper often doesn’t legally prove a court entered a conviction.

Convictions and verified allegations can affect family law proceedings for years to come, even if the environment changes.

Protective Orders and No-Contact Restrictions After a Domestic Violence Case

In contrast, protective order matters are usually short-term matters, although they are certainly no less severe.

Georgia family violence protective orders can restrict contact and may require a respondent to stay away from specified people or locations. These restrictions are generally effective for six to 12 months, although a court can order a different duration. 

Violating a protective order is a separate offense that creates additional criminal or legal consequences. A person with a conviction should therefore carefully review any existing protective order and follow its terms exactly.

Marietta criminal defense lawyers often change the wording of final orders in these situations. A consent decree has the same effect as a protective order, but doesn’t have the connotations of a PO.

Can a Domestic Violence Conviction Affect Immigration Status?

For non-U.S. citizens, a domestic violence conviction, or most any criminal conviction, can have severe consequences under federal immigration law.

Certain domestic violence crimes may lead to mandatory deportation proceedings. The precise consequences can depend on the precise statutory offense, the relationship between the parties, the record of conviction, and the sentence.

Possible defenses include contesting the veracity of the conviction ro allegations, as discussed above, or voluntarily leaving the country instead of being deported. The re-entry waiting period is much shorter in voluntary departure matters.

 The effects often continue. Immigration officers must generally consider moral fitness during status adjustment proceedings. 

The consequences of a domestic violence conviction don’t end when the judge’s gavel falls. For a free consultation with an experienced criminal defense attorney in Marietta, contact the Phillips Law Firm, LLC. We routinely handle matters in Cobb County and nearby jurisdictions.