Key Takeaways
- In Georgia, police may arrest both parties in a domestic dispute if they believe both committed offenses—often when injuries or conflicting statements exist.
- Dual arrests can complicate prosecution and trigger mutual restraining orders, even if both individuals live together.
If you’ve been arrested in a domestic incident—whether solely or along with your partner—speak to a criminal defense attorney immediately to protect your rights.
Can both people be arrested in a domestic violence incident?
Yes. In Georgia, it’s possible for police to arrest both individuals in a domestic dispute—especially if:
- Both people have visible injuries
- Each accuses the other of physical violence or threats
- Officers can’t determine a clear “primary aggressor”
While Georgia law discourages dual arrests, it doesn’t prohibit them. When evidence is ambiguous or emotions are high, both individuals may end up in handcuffs.
What criteria do police use to decide who gets arrested?
Georgia law under O.C.G.A. § 17-4-20.1 directs officers to identify the primary physical aggressor in domestic violence situations. Officers are trained to assess:
- Extent of physical injuries
- History of domestic violence
- Self-defense claims
- Who called 911
- Witness statements and scene observations
But when facts are murky—or both parties show signs of assault—officers may choose to arrest both individuals to defuse the situation and allow the courts to sort it out.
What happens if both parties are charged?
When both parties are charged in a domestic case, the following typically happens:
- Separate charges and court dates: Each person faces their own criminal charge, and in many cases, you cannot communicate with the other person due to bond conditions.
- Mutual protective orders may be issued, even if both individuals wish to reconcile.
- Housing complications: If both parties live together, one or both may be barred from returning home until the court modifies the order.
- Cross-allegations may weaken both cases or lead to dismissals, especially if both sides decline to testify or invoke the Fifth Amendment.
Are mutual restraining orders automatic?
Not automatically—but they are very common when both people are arrested. Judges often impose no-contact bond conditions at the first appearance hearing, even if both individuals want to remain together.
These protective orders can include:
- No physical or verbal contact
- No return to a shared residence
- No third-party communication (like using a friend to send a message)
Violating a restraining order—even accidentally—can result in a new criminal charge.
How can a criminal defense lawyer help?
If you’re facing domestic violence charges—alone or as part of a dual arrest—you need immediate legal help. A skilled Georgia defense attorney can:
- Challenge the arrest if you’re not the primary aggressor
- Petition the court to lift no-contact orders or modify bond conditions
- Negotiate reduced or dismissed charges through pretrial intervention or conditional dismissal
- Build a self-defense case using evidence from 911 calls, injury photos, or witness testimony
With Hines Law, you don’t have to face these complex and emotional charges alone. We serve clients throughout metro Atlanta and across Georgia.
FAQ: Georgia Domestic Arrests
What if I didn’t hit the other person?
You can still be arrested if police believe your actions escalated the conflict or if you made verbal threats. Physical contact isn’t always required for a charge.
Will the charges go away if the other person “drops” them?
Not necessarily. In Georgia, prosecutors—not victims—decide whether to pursue domestic charges. Even if the other person wants to drop it, the state may move forward.
Can I go back home after being arrested?
Usually not right away. Most domestic charges come with a no-contact order that prevents you from returning home until it’s lifted by a judge.
Do I need a lawyer if both of us are charged?
Absolutely. Dual arrests can create complex legal traps. A defense attorney can protect your rights and help you avoid making your situation worse.
Can I see my kids after a domestic arrest?
It depends. Judges may restrict visitation during pending charges. A lawyer can help modify bond conditions or work with family court if custody is affected.
Call for a confidential case review
Charged in a domestic dispute—even if both parties were arrested? Get legal help fast. These cases move quickly and can affect your freedom, your family, and your future.
Hines Law offers experienced, nonjudgmental representation across Cobb County, Fulton County, Dekalb County, Clayton County, Gwinnett County, and Hall County. We handle domestic violence, dual arrests, and family-related criminal cases—with bilingual support for Georgia’s Hispanic communities.
Call 404-226-4236 today or start a confidential chat at hineslaw.org to protect your rights.