Marietta Domestic Violence Lawyer

Arrested for domestic or family violence? Get the help you need – fast!

If you have been arrested for any type of domestic violence, you need a hard-hitting criminal defense attorney on your side to fight for your rights and help you find your way out of the criminal justice system as quickly as possible. Come to Henrickson & Sereebutra for help from a team of former prosecutors with more than forty years of combined experience.

Our firm can assist you in petitioning to have the protective order removed so that you can return to your home. We can also seek to have the charges reduced or dismissed so that you can get your life back in order. Accusations of family violence are no small matter; they should be handled immediately by an experienced criminal defense lawyer in Marietta.

Domestic Violence Laws in Georgia

Georgia Code § 19-13-1 defines "family violence" as being any type of felony offense or certain misdemeanors when they occur among "past or present spouses, persons who are parents of the same child, parents and children, stepparents and stepchildren, foster parents and foster children, or other persons living or formerly living in the same household."

Misdemeanor offenses that may be classified as family violence include:

  • Assault / battery
  • Stalking
  • Criminal damage to property
  • Unlawful restraint
  • Criminal trespass

In these cases, the misdemeanor will typically be increased to a misdemeanor of a high and aggravated nature, which increases the fine from $1,000 to $5,000. It is also true that instances of family violence are punished more severely than identical crimes committed under non-domestic circumstances. You could face a felony charge for a second battery offense if it is committed against a spouse or family member, whereas battery offenses not involving family violence are only treated as felonies after two prior convictions.

What are the penalties for family violence?

As previously mentioned, there are a number of different criminal offenses that may be classified as an act of family violence. Assault, battery, and stalking can all lead to domestic violence charges; however, the penalties will ultimately depend on the nature of the offense.

The penalties for a family violence offense may include:

  • Up to 12 months in jail (misdemeanor)
  • Up to 5 years in prison (felony)
  • Between $1,000 and $5,000 in fines
  • Community service hours
  • Anger management classes
  • Issuance of a protective order

Protective Orders in Domestic Violence Cases

An arrest for domestic violence will frequently result in a protective order being issued against the suspect, which has the power to remove you from your home—regardless of who is on the lease or the title—prohibiting you from coming near the alleged victim and even depriving you of the right of child custody or visitation. You must avoid being caught in violation of this order at all costs, as you can be arrested and taken back to jail, even if the alleged victim initiated contact. Retain legal representation as early as possible in the case, to guide you through this challenging experience and help you avoid a criminal conviction.

Work with a Team of Former Prosecutors

If you have been arrested for domestic violence in Marietta, you need a hard-hitting criminal defense lawyer on your side. Fortunately, you can trust that this is exactly what you will receive when you work with Henrickson & Sereebutra. With experience as former prosecutors, our criminal defense lawyers are well-equipped to fight for a favorable resolution in your case. We can put more than 40 years of combined legal experience to work for you as soon as you give us a call, so don't wait any longer to take the first step.

Contact a Marietta criminal attorney from Henrickson & Sereebutra today!

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