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Savannah Domestic Violence Lawyer

Facing criminal charges for domestic violence is a distressing experience which can leave lasting impact on your future.  Even if the gravity of the situation implies severe consequences, do not lose hope of saving your reputation. Contact an experienced domestic violence lawyer in Savannah, GA if you have been charged or accused of domestic violence.

Domestic violence is a pattern of abusive behavior or coercive control in any relationship that is used by one person to gain or maintain power and control over another.  The state of Georgia defines domestic violence as an act of “family violence.”  The law protects against physical, or sexual abuse among family members.  You don’t have to be married to someone in order to be a victim of domestic violence in Georgia.

When a police officer is called onto the scene of a domestic violence case, it then becomes a criminal matter. Often, charges of domestic abuse can occur due to anger, jealousy, or hostility between couples who are breaking up, going through a divorce, or in conflict over child custody or child support.  Many times, allegations may be made in the heat of the moment or conjured up to gain an upper hand in such conflicts.  Charges of domestic violence can have dramatic consequences for the accused and permanent damage on their criminal record if they are convicted.  The alleged offender may face jail time, fines, and when restraining orders are issued, the loss of his or her home and possible visitation rights to children.

If you, or a loved one, are under investigation or threat of arrest, our criminal defense attorneys at Jarrett Maillet, J.D., P.C., located in Savannah, will build a powerful defense for your case.  Having professional and experienced legal help on your side could result in lesser penalties, reduction of charges from a felony to a misdemeanor, possibly no jail time or even a case dismissal.

Domestic Violence Charges

Domestic violence charges are treated very seriously in Georgia.  The court can issue a Family Law Protective Order.  This order prohibits the offender from having contact with the victim for a specified period of time.  If a person is found to violate a restraining or protective order, he or she could be jailed and charged with a separate crime, including aggravated stalking.

Two Types of Family Violence Protection Orders

Georgia Code § 19-13-1 defines “family violence” as the occurrence of certain acts between spouses (past or present), parents of the same child, parents and children, stepparents and children, foster families, or others living in the same household. These acts include felonies of any kind, battery, assault, stalking, damage to property, trespassing, and unlawful restraint. There are two orders the courts may fulfill in situations involving family violence:

  1. Temporary Ex Parte Order (TPO). This temporary order provides immediate protection for someone in imminent danger. It will provide protection for 30 days or until the court hearing, whichever is longer. A TPO is meant to protect domestic violence victims from their abuser until the courts can issue a long-term protection order. An individual can file for a TPO without the defendant being present or having knowledge of the action.
  2. Family Violence Protection Order. The court will order this type of protection order after a court hearing. It is a long-term type of restraining order that serves to keep the abuser away from the victims. Family Violence Protection Orders can last from one to three years. A final order gives all of the protections of a TPO, as well as the opportunity to order the abuser to attend counseling and seek costs and attorney’s fees for either party.

With a Family Violence Protection Order, domestic violence victims can live with the peace of mind that the abuser cannot do certain things without fear of major legal repercussions. While a restraining order can’t guarantee the abuser will not return or cause further harm, it can increase the safety and protection of a family for the long term.

What a Restraining Order Can Include

In Georgia, a TPO or Family Violence Protection Order can offer protection in a wide variety of ways. The judge will decide the terms of the order based on the particular situation and circumstance of the domestic violence claim. During the petition for a restraining order, the person filing must describe the occurrence of the family violence in detail for the judge to make a decision. Restraining orders can do many things, including:

  • Order the abuser not to harm, mistreat, bother, stalk, harass, or abuse you or your household members.
  • Order the abuser not to interfere with your travel plans or communications.
  • Order the abuser not to contact you or follow you with the purpose of harassment or intimidation.
  • Order the abuser to leave your house and stay a number of yards away from you, your children, and other parties.
  • Give you temporary custody of your children.

This type of order can also give you possession of the family vehicle, order the abuser not to disconnect your utilities, and order the abuser not to give away and pets or property you own or share. The terms of your restraining order will depend on your specific case.

A domestic assault charge has an immediate impact.  The sooner you work with an experienced Savannah, GA domestic violence lawyer to begin building your defense and finding solutions, the better.  At Jarrett Maillet J.D., P.C., Jarret Maillet works exclusively in areas of criminal defense.  Our Savannah domestic violence defense attorneys provide highly personalized and attentive representation based on a career spent in both criminal defense and prosecution.  We understand how the other side builds their case against you, and we have proven strategies for exposing the weaknesses in the prosecution’s case.

If you or a loved one has been arrested for domestic violence in the state of Georgia, our experienced, knowledgeable and aggressive Savannah domestic violence lawyers at Jarrett Maillet J.D., P.C. are available to assist and defend you.  Contact our office today at 912-713-3426 for a free legal consultation and to discuss your case