Norcross sits at the center of several of south Gwinnett’s busiest routes, with Buford Highway, Jimmy Carter Boulevard, and I-85 connecting its neighborhoods, historic downtown, and surrounding commercial areas.
Norcross
Domestic Violence Lawyer
When police are called to a dispute between family or household members, a situation that began at home can quickly lead to an arrest, restrictions on contact, and a court case in Lawrenceville.
These criminal cases often begin with two different accounts of the same argument, and the first police report does not always tell the whole story. When officers respond to a domestic violence call and believe there is probable cause for an arrest, decisions may be made quickly based on statements and evidence available at the scene. That makes an early review of 911 recordings, body-camera footage, witness accounts, and other evidence particularly important.
Understanding Family Violence Charges in Norcross, GA
Georgia uses the term family violence for certain offenses committed between people in qualifying family or household relationships. Under O.C.G.A. § 19-13-1, that can include current or former spouses, parents of the same child, parents and children, stepparents and stepchildren, foster relationships, and people who live or previously lived together.
Family violence can include a felony, battery, simple battery, simple assault, stalking, criminal damage to property, unlawful restraint, criminal trespass, and other conduct covered by the statute when it occurs between people in a qualifying relationship.
One common charge is family violence battery under O.C.G.A. § 16-5-23.1(f). A first family violence battery conviction is generally a misdemeanor. A second or subsequent family violence battery conviction is a felony punishable by one to five years in prison. Other cases may involve simple assault, simple battery, aggravated assault, stalking, or aggravated stalking.
What matters is not simply that an argument occurred. The prosecution still has to prove the charged offense. In a case involving conflicting accounts, questions about who initiated the confrontation, whether someone acted in self-defense, what injuries occurred, and whether the physical evidence supports the initial accusation can become central to the defense.
For a broader look at Georgia family violence charges and defenses, visit our Lawrenceville domestic violence defense page.
Criminal Charges and Protective Orders Can Happen at the Same Time
A domestic violence arrest can lead to more than a criminal case.
A Temporary Protective Order, or TPO, is a separate civil proceeding under Georgia’s Family Violence Act. A petition is handled through Gwinnett County Superior Court and may address contact between the parties, possession of the home, temporary custody or visitation, and other immediate issues.
Because protective-order hearings can move quickly, someone accused of family violence may find themselves responding to both a criminal prosecution and a civil case at nearly the same time.
The two should not be confused. A TPO is not a criminal conviction, but violating an order can create additional legal problems. Statements made in one proceeding may also affect how the other matter develops.
Gwinnett County provides separate victim-assistance resources, including the Family Violence Project and services connected with Atlanta Legal Aid. Those programs assist people seeking protection and are separate from criminal defense representation
The Gwinnett County Court Process for Norcross Cases
A misdemeanor family violence charge issued by the Norcross Police Department may begin in Norcross Municipal Court. If the defendant demands a jury trial, the case can move to the State Court of Gwinnett County at the Gwinnett Justice and Administration Center, 75 Langley Drive in Lawrenceville, where misdemeanor cases are prosecuted by the Solicitor-General. Felony family violence charges proceed in Gwinnett County Superior Court and are prosecuted by the District Attorney.
Protective-order petitions are also handled through Superior Court.
For someone arrested in Norcross, one of the first steps is determining exactly what has been filed. There may be a criminal charge, bond or no-contact conditions, a TPO proceeding, or some combination of the three.
Why Norcross Residents Choose Philip Kim Law
Philip Kim Law serves Norcross residents from its office at 368 West Pike Street, Suite 203 in Lawrenceville, near the State and Superior Courts where Gwinnett County criminal cases are handled.
Philip Kim brings more than a decade of criminal defense experience, including work as a paralegal, public defender, and private defense attorney. He also attended the Gerry Spence Trial Lawyers College.
Family violence cases can be especially fact-sensitive. The firm looks beyond the initial accusation to the surrounding evidence, including inconsistent statements, injuries, communications between the parties, witness accounts, video, and possible self-defense.
Frequently Asked Questions About Domestic Violence Charges in Norcross
View All FAQsWhat counts as family violence in Georgia?
Family violence can include assault, battery, stalking, criminal trespass, property damage, unlawful restraint, and certain other offenses between people in qualifying family or household relationships.
Is family violence battery always a felony?
No. A first family violence battery offense is generally a misdemeanor. A second or subsequent qualifying conviction can be prosecuted as a felony.
Can the other person drop a domestic violence charge?
Not automatically. Once a criminal case is filed, the prosecutor decides whether it continues. The other person’s wishes may be considered, but they do not control the prosecution.
Is a Temporary Protective Order a criminal charge?
No. A TPO is a civil proceeding handled separately from the criminal case, although both can arise from the same incident.
Where are domestic violence cases from Norcross heard?
Misdemeanor state charges generally proceed in Gwinnett County State Court, while felony charges are handled in Superior Court. Both courts are located at 75 Langley Drive in Lawrenceville.
How Can a Norcross Domestic Violence Lawyer Help?
A Norcross domestic violence lawyer can review the police report, 911 call, body-camera footage, witness accounts, injuries, and other evidence surrounding the accusation. An attorney can also help address the criminal case alongside any protective-order proceeding or no-contact conditions.
Contact Our Norcross Domestic Violence Lawyer Today
A family violence arrest can affect where you live, who you can contact, and what happens in both criminal and civil court. Getting a clear picture of the charges, evidence, and pending hearings is an important first step.
Contact Philip Kim Law today at 678-273-3500 to schedule a free consultation.