To many, domestic battery is the most serious violent crime in Georgia. Unlike other violent crimes, domestic violence is both a criminal act and a social issue that affects individuals, families, and communities. Georgia law treats domestic battery, sometimes referred to as “battery family violence” or “family violence battery,” accordingly, due to its occurrence within intimate or familial relationships.
This post explores how Georgia law defines and prosecutes domestic battery, the penalties involved, the procedures followed by law enforcement and courts, and the broader implications for alleged victims, offenders, and society. This post also highlights the ways a Marietta criminal defense lawyer mitigates or eliminates these harsh consequences, particularly for domestic battery defendants.
Social and Psychological Aspects
Before we dive into the legal aspects of domestic battery in Cobb County, let’s briefly examine its non-legal aspects.
Domestic battery affects far more than just the immediate victim. Children who witness violence in the home are at higher risk of developing trauma-related disorders, engaging in future violence, or suffering academic and emotional difficulties. The cycle of abuse often perpetuates itself across generations unless interrupted by early intervention and community support.
From a societal standpoint, domestic battery contributes to healthcare costs, lost productivity, and strains on the criminal justice and social service systems.
Legal Definition of Domestic Battery
Different jurisdictions define “domestic battery” in different ways. Georgia’s definition is rather confusing because two laws, the Family Violence Act (O.C.G.A. §19-13-1) and the general battery law (O.C.G.A. §16-5-23.1), come into play.
The Family Violence Act defines “family violence” as any felony or certain misdemeanor offenses, such as battery, assault, stalking, criminal damage to property, unlawful restraint, or criminal trespass, committed between people in a specific relationship. These relationships include:
- Current or former spouses,
- Biological parents and children,
- Stepparents and stepchildren,
- Foster parents and foster children,
- Current or former roommates (mostly people who had a romantic relationship),
- Individuals who live or have lived in the same household, and
- Two adults who live separately but have a child together.
According to the FVA, domestic battery, or family violence battery, is an intentional and visible injury to another person in a protected relationship.
Visible injury may include bruises, swelling, black eyes, or other marks. Even minimal physical harm can meet the legal threshold if visible evidence exists or if credible testimony supports the allegation.
Prosecutors often have problems proving the intent element if the injury is extremely minor. Usually, the state uses conduct to prove intent. The harsher the conduct, the greater the intent.
Elements of the Offense
According to the battery law, to convict someone of domestic battery in Georgia, the prosecution must prove the following elements beyond a reasonable doubt:
- Intentional Physical Contact: The defendant must have intentionally made physical contact with the alleged victim in a harmful or offensive manner. Commonly, arresting officers immediately take pictures of alleged injuries, so they look as bad as possible.
- Resulting Injury: Quite simply, the contact must have caused substantial, or at least visible, bodily harm. If the contact sent the alleged victim to the ER, prosecutors normally file aggravated assault charges.
- Domestic Relationship: The act must have occurred between individuals in a qualifying domestic or familial relationship. Nearly all domestic battery cases involve current or former spouses. A current or former dating partner is a somewhat distant second.
If any of these elements are missing, a Marietta criminal defense lawyer can reduce the charge to simple battery or simple assault. These offenses have lower penalties and fewer collateral consequences.
A marriage must be an official marriage. As of 1997, Georgia is not a common law marriage state. Note that some marriages are void (never existed). Similarly, the difference between casual dating partners and serious dating partners is somewhat vague.
Penalties for Domestic Battery
In Georgia and most other states, a first conviction for family violence battery is a misdemeanor. Penalties may include:
- Up to 12 months in jail,
- A fine of up to $1,000,
- Mandatory family violence intervention program participation, and
- Probation, community service, and a no-contact order with the alleged victim.
Additionally, judges often require defendants to complete anger management or domestic violence counseling programs as part of probation.
Any subsequent conviction for family violence battery, even if the alleged victim is different, is a felony, punishable by:
- One to five years in prison,
- Higher fines, and
- Loss of certain civil rights (e.g. firearm possession, voting during incarceration).
Usually, the alleged victim’s testimony is critical in these cases. Generally, the case cannot move forward if the alleged victim is unavailable to testify.
The alleged victim could be unavailable if s/he moves outside the court’s subpoena range, which is usually 150 miles. The alleged victim could also be unavailable if s/he refuses to cooperate.
In this latter instance, prosecutors could subpoena the alleged victim and force him/her to testify. However, most prosecutors only use this power in extreme circumstances.
On a related note, alleged victims cannot “drop” criminal charges in Georgia. Alleged victims are simply witnesses.
Arrest and Prosecution Procedures
However, we’re getting a bit ahead of ourselves. Before we discuss the endgame, we should discuss important preliminary matters.
Georgia has a mandatory arrest policy in family violence cases. When law enforcement officers respond to domestic disturbance calls and have probable cause to believe that family violence has occurred (protected relationship and battery or another offense listed above), they must arrest the primary aggressor. Officers are trained to distinguish between the aggressor and a victim who may have acted in self-defense.
Collateral Consequences of Conviction
Beyond criminal penalties, a domestic battery conviction can have far-reaching personal and social consequences. Offenders may lose firearm ownership rights under the federal law Lautenberg Amendment, face employment difficulties, particularly in fields requiring background checks or professional licensing, and experience custody and visitation restrictions.
Immigration consequences for non-citizens include immediate deportation proceedings and future denial of status adjustment applications.
Civil Protective Orders
Alleged victims don’t call the shots in criminal court. In contrast, alleged victims have complete control over protective order matters. They can apply for protective orders and drop the cases at any time.
The first step in this process is usually a temporary protective order (TPO). A TPO can prohibit the defendant from contacting the alleged victim, require the defendant to vacate a shared residence, grant temporary custody, and/or make child support arrangements.
A TPO generally lasts for up to 30 days but can be extended after a full court hearing into a 12-month or permanent protective order. Violating a protective order is a separate criminal offense and can lead to arrest and additional penalties.
A moment of anger with a spouse or paramour leads to a world of problems. For a free consultation with an experienced Marietta criminal defense attorney, contact The Phillips Law Firm, LLC. The sooner you reach out to us, the sooner we start working for you.
