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Domestic Violence Defense Lawyer

Anyone who is accused of a crime is considered innocent until proven guilty. After you have been accused of a crime, you have the right to secure legal representation. When you hire a violent crime defense lawyer at the Hines Law Firm, they will protect your rights and advocate for your best interests during each stage of the case.

When you hire a violent crime defense attorney on our legal team, they will conduct an in-depth investigation of the alleged crime and determine the best defense strategy to fight the charges you’re facing and reduce the penalties of a potential conviction.

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How Can a Domestic Violence Defense Attorney Help?

At the Hines Law Firm, our domestic violence defense attorneys have the knowledge and resources to help clients achieve positive results, even in highly complex cases. When you hire a domestic violence defense attorney on our legal team, they will gather evidence, review the facts, and aggressively attack the prosecution’s case. The goal is to reduce the negative consequences a client will face, whether that means getting the charges reduced, dismissed, or seeking an acquittal at trial.

During this stressful time, your attorney can also help by:

  • Thoroughly investigating your case
  • Gathering evidence
  • Handling all paperwork
  • Identifying weaknesses in the prosecution’s case
  • Interviewing witnesses
  • Providing legal guidance and support
  • Formulating a strong defense strategy
  • Negotiating with prosecutors for reduced penalties or charges or dismissal
  • Representing you in court

 

If you’re convicted, your attorney can help you with appeals or working toward conviction expungement

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What is Considered Domestic Violence?

Domestic violence can include anything from threats of harm, emotional abuse, insults, and withholding money to physical assaults, including forced sexual contact, punching, or slapping.

Domestic violence is defined as violence occurring between:

  • Past or present spouses
  • Stepparents and stepchildren
  • Parents and children
  • Persons who share a child
  • Foster children and foster parents
  • People living or formerly living in the same residence

Georgia’s domestic violence act does not require bruises or injuries. In Georgia, a domestic violence case can be supported by:

  • A pattern of acts of intimidation
  • Financial abuse
  • Psychological abuse
  • Verbal abuse

Typically, the individual accused of the crime is arrested, served with a temporary restraining order, and barred from going home.

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What is the Statute Of Limitations for Domestic Violence in Georgia?

In Georgia, the alleged victim has two years from the date of the incident for misdemeanor charges. For felony domestic violence that results from major physical violence or threats, there is a four-year statute of limitations.

01Domestic Violence Defenses

When a client is charged with domestic violence, their lawyer will review the evidence, evaluate the police report, and create a defense.

Reviewing the evidence can help answer the following questions:

  • How recent are the alleged victim’s injuries?
  • Did anyone witness the incident and do witness accounts support the alleged victim’s claims?
  • What did the accused tell law enforcement?
  • Is there a 911 recording that challenges or supports the alleged victim’s claims?
  • What was the client’s and alleged victim’s emotional state during the incident and police interview?
  • Does the police report note any signs of a struggle for either party?
  • Does the scene where the incident took place show any signs of a struggle?
  • Did law enforcement observations contradict the client’s or alleged victim’s story?
  • Was either party under the influence of drugs or alcohol?

Based on the information the attorney gathers, they will determine if their client made any statements that are inconsistent with their defense or could be incriminating.

Defenses for domestic violence charges include:

02The Client Was Not Present When the Incident Occurred

If the client claims that the alleged victim was abused by another party, their attorney will verify the client’s whereabouts at the time of the incident and establish a credible alibi. They will also look for incriminating evidence that can prove that their client was present, such as a 911 recording that picks up their client’s voice or any physical evidence that suggests their client was at the scene.

03The Alleged Victim is Lying

In some cases, the partner or spouse may have lied, fabricating the entire story. For this defense, the attorney will try to establish whether the injuries the alleged victim sustained support their client’s version of the story.

04The Client Accidentally Injured the Victim

If a client admits they accidentally injured the other party, causing the injury unintentionally, the attorney will investigate to confirm the consistency of their client’s story.

05Self-Defense

If a client claims they injured the other party in self-defense, their attorney will:

  • Review the police report for any admissions made by the alleged victim
  • Determine why the alleged victim used violence
  • Compare their client’s story to the account they gave law enforcement
  • Determine whether some of the injuries sustained by the alleged victim suggest self-defense
  • Check for defensive injuries on their client

What Are the Penalties for Domestic Violence?

In Georgia, penalties for domestic violence may include:

  • For less severe cases of domestic violence, an offender can be charged with misdemeanors. A misdemeanor charge may result in penalties such as community service, probation, fines, mandatory anger management or counseling, and the possibility of jail time up to one year.
  • Domestic violence cases that involve repeated offenses, serious injuries, or aggravated assault can involve felony charges, which can include a longer prison sentence that ranges from one year to life imprisonment, depending on the defendant’s criminal history and the severity of the offense.
  • In cases involving aggravated assault, serious injury, or repeated offenses, perpetrators may face felony charges. Felony domestic violence convictions can lead to more severe penalties, including longer prison sentences ranging from one year to life imprisonment, depending on the severity of the offense and the defendant’s criminal history.
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