If you or someone you love was just arrested on domestic violence charges in Atlanta, you are probably scared and confused about what comes next. A domestic violence arrest in Georgia sets off a fast-moving legal process, and the decisions made in the first 24 to 48 hours can shape the entire outcome of your case. Here is what you need to know right now.
What Georgia Law Says About Family Violence
Georgia does not have a separate “domestic violence” criminal charge. Instead, the state uses the term family violence, which covers a specific group of offenses when they happen between certain people.
Who Is Covered Under Georgia’s Family Violence Act?
Under O.C.G.A. § 19-13-1, family violence laws apply when the people involved are:
- Current or former spouses
- Parents of the same child
- Parents and children
- Stepparents and stepchildren
- Foster parents and foster children
- People who currently live together or used to live together
What Crimes Count as Family Violence?
The underlying crime could be any of the following:
- Simple battery or battery
- Simple assault or aggravated assault
- Stalking
- Criminal damage to property
- Unlawful restraint
- Criminal trespass
The charge itself (for example, battery) stays the same. The family violence label gets added on top of it, and that label carries serious extra consequences.
What Happens Right After the Arrest
The Mandatory Arrest Policy
Georgia law gives police very little wiggle room here. If an officer responds to a family violence call and finds probable cause, they are generally required to make an arrest. Even if the other person does not want to press charges, the officer can still arrest you. The state, not the alleged victim, decides whether to move forward.
The 24-Hour No Contact Rule
After a family violence arrest in Georgia, the person arrested is typically held for a mandatory 24-hour period before they can be released. During that time, a judge has not yet reviewed the case. This waiting period exists regardless of the circumstances.
The Protective Order
Before or shortly after release, a judge may issue a temporary protective order (TPO). This could:
- Require you to leave your home, even if you own or rent it
- Prohibit any contact with the alleged victim
- Restrict your access to your children
Violating a protective order is a separate criminal offense. Take it seriously from day one.
The Consequences You Need to Know About
A family violence charge in Atlanta is not something to wait out. The consequences can reach far beyond the courtroom.
Criminal Record
A conviction could stay on your record permanently. Georgia does not make it easy to expunge a family violence conviction.
Gun Rights
Under federal law, a misdemeanor family violence conviction may result in a permanent loss of your right to own or carry a firearm. This affects hunters, security workers, military personnel, and anyone else who owns or uses guns legally.
Immigration Status
For non-citizens, a family violence conviction could have serious immigration consequences, including potential deportation.
Custody and Divorce
If you are involved in a custody dispute or divorce, a family violence charge can be used against you in family court. The two cases can run at the same time and affect each other.
What You Should Do Right Now
Do Not Make Statements Without an Attorney
Do not try to explain your side to police or investigators without a lawyer present. Anything you say can and will be used against you. Stay calm and ask for an attorney immediately.
Follow the Protective Order Exactly
Even if the terms feel unfair, violating a protective order will make your situation significantly worse. Do not contact the alleged victim directly or indirectly, including through friends or social media.
Contact a Criminal Defense Attorney Today
This is not the kind of case to handle on your own or put off until later. The sooner you get legal help, the more options may be available to you.
At Philip Kim Law, P.C., we handle criminal defense cases throughout Atlanta and the surrounding area. Philip Kim has a track record of fighting hard for clients facing exactly these kinds of charges. Our team speaks English, Spanish, and Russian, so language is never a barrier to getting help.
Philip Kim Law, P.C., offers a free consultation so you can understand exactly where your case stands. Call (678) 203-8558 or reach out online to get started.
Frequently Asked Questions
What happens after a domestic violence arrest in Georgia? You will typically be held for at least 24 hours before a bond hearing. A judge may issue a temporary protective order. The prosecutor, not the alleged victim, decides whether to pursue charges.
Can domestic violence charges be dropped in Georgia? In some cases, yes. The alleged victim can express a desire not to prosecute, but the final decision belongs to the state. A defense attorney may be able to negotiate or present evidence that leads to reduced or dismissed charges, but there are no guarantees.
Will I lose my gun rights after a domestic violence charge in Georgia? A misdemeanor conviction for family violence could trigger a federal lifetime ban on firearm possession. This is one of the most serious and permanent consequences of these charges.
Do I have to leave my home after a domestic violence arrest in Georgia? A temporary protective order could require you to vacate your home even if your name is on the lease or mortgage. Violating that order, even to retrieve personal belongings, could result in additional criminal charges.
