Gwinnett County Domestic Violence Lawyers

While domestic violence transcends borders of gender, women are usually the victims of this violent act. LGBT couples also face domestic violence issues. Based in Monroe, Crawford and Boyle, LLC, can help you protect yourself from these dangerous situations. 

If you believe you may be a victim of abuse, it is advisable to carefully monitor the abuser’s behavior. This will not only prove beneficial for you but also for your family in the long run. Adding to this, there are severe penalties from the court of law in the event of a conviction.

Have you been a victim of domestic abuse? Call Crawford and Boyle, LLC, today at (678) 726-5400 or contact us online to schedule a consultation with our domestic violence attorneys in Gwinnett County.

What is Considered Domestic Violence?

Any act of oppression such as felony, battery, simple assault, unlawful restraint, or a criminal trespass between two people who have enjoyed or enjoy an intimate relationship falls under the umbrella of domestic violence victims can also be those who share a household with the abuser.

The word domestic violence is a broad term that encompasses:

• Sexual
• Physical
• Economic
• And emotional abuse

When domestic violence occurs, the safety of the victim is the immediate priority. If you are facing allegations of domestic violence, your rights and freedom are at stake, and immediate legal intervention is necessary. Similarly, victims of domestic violence in Georgia can seek a protective order, commonly referred to as a restraining order, which provides legal protection from the abuser.

How to Seek A Temporary Protective Order?

It is not uncommon for parties contemplating a divorce or separation to seek a protective order from the court. A Temporary Protective Order (TPO) can be issued upon the application of one party who can allege an act of family violence, battery, or stalking.

These orders can be granted the same day they are applied for and ensure the offending party is immediately ejected from the home. TPOs can also make provisions for child support and child custody. A protective order can have a serious effect on the financial resources of the ejected party.

When is a Permanent Protective Order Issued?

A permanent protective order is typically issued after a court hearing, which usually takes place within a few weeks of the temporary order being issued. During this hearing, the court will listen to both sides of the case—usually the victim and the accused—and will evaluate the evidence presented. If the court finds that the victim’s claims are credible and that abuse or threats have occurred, the court will grant the permanent order.

A permanent protective order may include several provisions, including:

• No Contact Provisions: The abuser may be prohibited from contacting the victim, whether in person, by phone, or through other means, such as social media.
• Eviction: The abuser may be ordered to leave the home if the victim and the abuser share a residence.
• Child Custody and Visitation: The court may issue temporary changes to custody and visitation arrangements if children are involved.
• Surrender of Firearms: If the abuser owns any firearms, the court may order them to surrender those weapons to law enforcement.
• Support Orders: The court may grant temporary child support or spousal support during the period of the protective order.

These orders typically last for 1 to 3 years but can be extended if the court believes the protection is still needed.

What are the Potential Penalties for Domestic Violence Charges in Georgia?

If you are charged with domestic violence in Georgia, the consequences can be severe, affecting your reputation, your relationships, and your future. Domestic violence charges can be classified into misdemeanors or felonies, depending on the severity of the offense and whether there are aggravating factors.

• Misdemeanor Domestic Violence: If the act of violence does not cause significant injury or harm, it may be classified as a misdemeanor. Misdemeanor domestic violence charges carry penalties of up to one year in jail, fines, probation, and mandatory domestic violence counseling.
• Felony Domestic Violence: If the alleged violence results in serious injury, involves a weapon, or occurs in violation of a protection order, the charge may be classified as a felony. Felony convictions can lead to lengthy prison sentences, significant fines, and a permanent criminal record.

Beyond criminal penalties, a domestic violence conviction can affect child custody arrangements, employment opportunities, and your personal relationships. The importance of working with experienced Gwinnett County domestic violence attorneys cannot be overstated when defending yourself against these charges.

What is The Impact of Domestic Violence on Family Law Matters?

In many domestic violence cases, family law matters such as child custody and visitation are also at issue. Domestic violence allegations can have a significant impact on custody decisions, as Georgia courts prioritize the best interests of the child when making custody determinations. If one parent is accused of domestic violence, the court may alter custody arrangements, limit visitation, or prohibit contact between the abuser and the child.

Additionally, accusations of domestic violence can influence divorce proceedings, especially when it comes to dividing marital property, determining spousal support, and addressing the welfare of children. In some cases, a spouse may be entitled to seek temporary support or property division based on the circumstances of domestic violence.

Contact Our Domestic Violence Attorneys in Gwinnett County Today

If you need the protection of the court or have been served with a Temporary Protective Order, you need legal counsel. Once issued, the order can be good for one year or up to three years. If you are considering seeking a TPO or have been served with one, contact Crawford and Boyle, LLC, right away to represent you. Our DV attorneys are dedicated to helping domestic violence survivors seek protection for themselves and their families. 

Survivors of domestic violence face numerous challenges, both emotionally and legally. Our DV lawyers for survivors of domestic violence understand the sensitive nature of these cases and are here to offer compassionate guidance and support every step of the way. We listen to your concerns, explain your legal options, and empower you to make informed decisions about your case.

Contact Crawford and Boyle, LLC, today to get started with our Gwinnett County domestic violence lawyers. Our firm collects a nominal fee for divorce and child custody consultations. Call now - (678) 726-5400

Commonly Asked Questions

How Do I Get a Domestic Violence Case Dismissed in Georgia?

A domestic violence case may be dismissed if the prosecution determines there is insufficient evidence or if the victim recants their testimony. However, only the prosecutor has the authority to dismiss charges, not the victim. A Gwinnett County domestic violence lawyer can help challenge the case or negotiate for dismissal if appropriate.

What is the Statute of Limitations on Domestic Violence in Georgia?

In Georgia, there is no statute of limitations for felony domestic violence offenses, meaning charges can be filed at any time. For misdemeanor domestic violence offenses, the statute of limitations is generally 2 years from the date of the alleged incident.

How Long Does Domestic Violence Stay on Your Record in Georgia?

A domestic violence conviction can stay on your criminal record permanently unless it is expunged or sealed. Expungement is not typically available for domestic violence convictions, but in some cases, you may be able to seek relief through a Gwinnett County domestic violence attorney if you're eligible for a pardon or record sealing.