Protecting Your Rights: A Compelling Domestic Violence Defense Attorney In Gwinnett County

When arguments or fights at home intensify, thoughtful people will seek to work things out if possible. Sometimes, however, someone calls the police. Once law enforcement is involved, the chances are great that someone will be arrested. Even if the person who calls the police asks for charges to be dropped, this will not likely prevent legal troubles.

If you were arrested, you need legal counsel to direct your next steps and pursue the best outcome for your future. Contact us at 678-981-7184 to learn how we can help.

Types Of Charges In Domestic Violence Cases

In Georgia, an incident involving “domestic violence” is not a standalone criminal charge. Instead, it refers to certain offenses committed against family or household members, which can affect how the case is prosecuted and the potential penalties involved. Understanding the specific charge you are facing is critical.

Common charges in these cases include:

• Simple battery (O.C.G.A. § 16-5-23): Physical contact intended to cause harm or provoke
• Battery (O.C.G.A. § 16-5-23.1): Causing substantial physical harm or visible injury
• Aggravated assault (O.C.G.A. § 16-5-21): Assault involving a weapon or intent to cause serious injury
• Criminal trespass (O.C.G.A. § 16-7-21) or criminal damage to property (O.C.G.A. § 16-7-21): Property related disputes during domestic incidents
• Stalking (O.C.G.A. § 16-5-90): Repeated unwanted contact that causes fear

When these offenses involve spouses, partners or family members, they are often labeled as family violence cases under O.C.G.A. § 19-13-1. This can lead to additional consequences such as protective orders or contact restrictions. A domestic violence defense attorney can evaluate the exact charges and develop a strategy based on the facts of your case.

Mandatory Arrest In Georgia Domestic Violence Cases

Georgia allows law enforcement officers to make an arrest in family violence situations when they have probable cause to believe an offense occurred. In many cases, police officers are encouraged to act quickly to prevent further harm.

This can result in:

• Immediate arrest without a warrant
• Removal from your home, even without a conviction
• No contact conditions imposed shortly after arrest
• Limited influence from the alleged victim’s wishes

Even if the other party later wants to withdraw the complaint, the decision to pursue charges rests with the state, not the individual. This means cases often continue regardless of reconciliation efforts.

Because these situations move quickly, early legal representation is important. A lawyer can review the circumstances of the arrest, challenge whether probable cause existed and begin building a defense aimed at protecting your rights and your future.

If You Were Charged With Domestic Battery

Perhaps your spouse or significant other — or a bystander — decided to ask for help from the police after a private disagreement became an altercation. Now you have been accused and possibly arrested on charges of domestic violence. Make no mistake: Your future is on the line. A conviction may remove you from your home, put you in jail and keep you away from your children.

This is not a time to wait and see what happens or hope for the best. Our domestic battery defense attorneys are ready to defend you vigorously. We will strive to keep you out of jail, get charges dropped or reduced, and restrict and seal your record.

Contact Matt Crosby, An Experienced Attorney In Matters Involving Domestic Violence

To discuss domestic violence or related charges with Mr. Crosby, call 678-981-7184 or fill out our online form to request a consultation.