Savannah Domestic Violence Lawyer

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. Actions that commit domestic violence offenses include physical harm, threats, intimidation, or any conduct intended to control or harm a family member.

Defending Against Domestic Violence Allegations

When a police officer is called to 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. However, it is crucial to distinguish between false allegations and cases of actual domestic violence, as the latter are severe and require appropriate legal intervention. Charges of domestic violence can have dramatic consequences for the accused and permanent damage to 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. For those wrongly accused, the emotional impact can be overwhelming, often resulting in a profound feeling of betrayal by someone they trusted.

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. Our team brings extensive experience, including a background as a former prosecutor, providing valuable insight into both prosecution and defense strategies. Having professional and experienced legal help on your side could result in lesser penalties, a 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, and such charges can result from allegations of physical abuse as well as other forms of misconduct. 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. Aggravated battery involves causing substantial bodily harm, such as broken bones or disfigurement, and is considered a serious domestic violence offense.

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 circumstances 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 any 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. Jarrett Maillet works exclusively in the 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. Our attorneys carefully analyze and challenge the prosecution’s case, scrutinizing the evidence and arguments presented. We are also experienced in dealing with overzealous prosecutors who may push for harsh punishments or use overly aggressive tactics, and we work diligently to protect our clients from such prosecution strategies. Additionally, we pay close attention to the actions of investigating officers to identify any procedural errors or false testimonies that could impact your case.

Consequences of a Conviction

A conviction for domestic violence in Georgia can have far-reaching and often devastating effects on nearly every aspect of a person’s life. Domestic violence charges are not only taken seriously by the legal system, but a conviction can also result in immediate and long-term penalties that extend well beyond the courtroom.

One of the most significant consequences is the potential for jail time and hefty fines. In addition, the court may issue restraining or protective orders that can restrict your contact with family members, including your own children. For those involved in child custody disputes, a domestic violence conviction can severely limit or even eliminate your custody and visitation rights, making it difficult to maintain a relationship with your children.

A domestic violence conviction in Georgia will also create a permanent criminal record. This can have a lasting impact on your employment opportunities, as many employers are hesitant to hire someone with a history of domestic violence crimes. It can also affect your ability to secure housing, pursue certain educational opportunities, and may even result in the loss of firearm ownership rights. For many, these consequences can disrupt their lives and futures in ways they never anticipated.

The severity of the penalties depends on the nature of the domestic violence offense. While some cases are charged as misdemeanors, others—such as those involving aggravated battery or serious physical harm—are prosecuted as felonies. Felony convictions carry even harsher penalties, including longer jail sentences and greater restrictions on your rights and freedoms.

Take Immediate Action to Defend Against Domestic Violence Charges

For domestic violence victims, a conviction can bring a sense of justice and increased protection through the enforcement of protective orders. However, for those who are falsely accused, the consequences can be especially devastating, leading to emotional distress, damaged reputations, and a sense of betrayal. This is why it is crucial to have a dedicated domestic violence lawyer or criminal defense attorney with extensive experience in Georgia domestic violence cases. An aggressive representation can make all the difference in challenging the prosecution’s case, uncovering weaknesses in the evidence, and protecting your rights.

If you are facing domestic violence charges in Savannah, GA, do not underestimate the seriousness of the situation. Contact a domestic violence attorney as soon as possible to discuss your case and explore your legal options. Many law firms, including the Law Offices of Harold J. Cronk, PC, offer free consultations and weekend appointments to ensure you get the help you need. With the right legal defense, you can work to minimize the consequences of a conviction and protect your future, your family, and your reputation.

Remember, a domestic violence conviction can have a lasting impact on your life. Take every step to defend yourself and seek justice by working with a skilled violence lawyer who understands the complexities of Georgia’s legal system and is committed to protecting your rights.

Frequently Asked Questions About Domestic Violence Defense in Savannah, GA

Can the alleged victim drop domestic violence charges after an arrest in Chatham County?

No, in Georgia, the decision to drop or prosecute domestic violence charges rests solely with the Chatham County District Attorney’s Office, not the alleged victim. Domestic violence is considered a crime against the state, and even if the accuser decides they want the charges dropped or refuses to cooperate, the prosecutor can still proceed using other evidence, like 911 recordings, police bodycam footage, or medical reports. A defense attorney’s job in Savannah is to engage the prosecutor early, presenting exculpatory evidence, highlighting weaknesses in the state’s case, or asserting a defense like self-defense to convince the DA to reduce or dismiss the charges, since the victim cannot.

What is a “No-Contact Order” or Temporary Protective Order (TPO), and how does it affect me in Savannah?

Following a domestic violence arrest in Savannah, the judge will typically issue a No-Contact Order as a condition of bond, or the alleged victim may file for a Temporary Protective Order (TPO) in Chatham County Superior Court. Both orders legally prohibit the accused from having any contact—direct or indirect—with the alleged victim and often prevent the accused from returning to their shared residence. Violating a TPO is a separate, serious criminal offense that can lead to an immediate re-arrest without bond. Your defense attorney must quickly address these orders, arguing for less restrictive conditions or defending against the TPO petition to protect your housing rights and contact with children.

What are the long-term consequences of a domestic violence conviction in Georgia, even for a misdemeanor?

A conviction for a domestic violence offense in Georgia, even if charged as a misdemeanor (like simple battery, family violence), carries severe and permanent long-term consequences far beyond potential jail time and fines. Most notably, a domestic violence conviction results in the lifetime loss of your right to own or possess a firearm under federal law. Furthermore, a conviction creates a permanent criminal record that can negatively affect child custody and visitation rights in family court, damage employment opportunities, and restrict professional licenses. For these reasons, hiring a defense attorney to fight for a dismissal or a non-conviction resolution is essential to protect your future.

Contact Our Criminal Defense Attorney

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.