Wilmington Island Domestic Violence Defense Lawyer

What to Know About Domestic Violence Charges in Georgia

Georgia domestic violence prosecutions arise under the Family Violence Act (O.C.G.A. § 19-13-1). These cases are also handled through related criminal statutes in Title 16. Notably, family violence exists when certain criminal offenses occur between people who share a qualifying relationship, including spouses, former spouses, parents of the same child, household members, or people in a dating relationship. To be clear, in Georgia, the statute does not create a standalone crime. It operates as a classification that enhances an underlying criminal charge. 

Most domestic violence cases involve charges such as simple battery, battery, assault, or aggravated assault. When labeled as family violence, these offenses trigger mandatory arrest considerations and heightened court supervision. Notably, a second family violence conviction requires felony treatment under Georgia law. That is true even if the underlying offense would otherwise be a misdemeanor. In other words, if you already have a domestic violence conviction on your record, any subsequent charge in Wilmington Island would be an automatic felony. 

How Our Wilmington Island Domestic Violence Defense Attorney Can Help

Domestic violence allegations are complicated. These cases should be handled with the highest degree of care and sensitivity. Our founder and principal attorney, Jarrett Maillet, is a compassionate, experienced advocate for justice. When you reach out to our law firm, you can connect directly with a Wilmington Island domestic violence attorney who can: 

• Listen to your story and answer questions about domestic violence law
• Investigate the allegations against you, gathering key evidence
• Handle the correspondence with the police and prosecutors
• Take all necessary legal action to protect your rights and your interests  

Domestic Violence Charges in Wilmington Island: Frequently Asked Questions (FAQs)

Can I be charged with domestic violence in Wilmington Island even if no one was injured?

Yes, absolutely, Georgia domestic violence charges do not require serious physical injury. Allegations involving unwanted physical contact, threats, or property damage may still support charges.

Can charges move forward if the alleged victim changes their story?

Yes. Though the change in the story is absolutely relevant evidence in the case. Still, the prosecutor controls whether the case continues. Many domestic violence proceeds based on police reports, recordings, or other evidence. An (alleged) victim does not have the unilateral power to get domestic violence charges dropped in Wilmington Island. 

When does a domestic violence charge become a felony in Georgia?

If the underlying offense is a felony, the case will be charged as a felony. Further, a second family violence conviction requires felony treatment by statute. The underlying offense may otherwise be a misdemeanor. Prior convictions substantially increase sentencing for these cases in Georgia.

Are domestic violence cases subject to mandatory arrest rules?

Georgia law encourages arrest when officers find probable cause of family violence. Officers may rely on statements, observations, or physical evidence. In other words, arrests are often made in these cases based on allegations. Still, an allegation of domestic violence does not guarantee that police will make an arrest (or that prosecutors will bring charges) as a matter of law. 

Does a no-contact order apply even if the alleged victim wants contact?

It might. The specific circumstances always matter. No-contact orders bind the defendant, not the alleged victim. Violating the order can result in new criminal charges regardless of consent. If you are subject to a no-contact order, it is imperative that you strictly comply with it. A violation could lead to your arrest. Do not risk it. 

Contact Our Wilmington Island Domestic Violence Defense Lawyer Today

At Jarrett Maillet J.D., P.C., our Wilmington Island domestic violence defense attorney has the knowledge, skills, and legal experience that you can trust. If you or your loved one is facing a domestic violence charge, we are here as a resource. Contact us today for a completely confidential, no obligation initial consultation at 912-713-3426. We defend clients against domestic violence allegations in Wilmington Island, Chatham County, and communities beyond.