A domestic violence charge in Georgia does not just carry criminal penalties. If you have children, it can directly affect your custody rights, sometimes before your criminal case is even resolved. Understanding how the two systems interact, and what is at stake, is critical for any parent facing these charges.
At Philip Kim Law, P.C., we defend clients against domestic violence charges across Georgia and beyond. Attorney Philip Kim brings years of experience to these cases, and our team serves clients in English, Spanish, and Russian.
Two Separate Cases Running at the Same Time
One of the most important things to understand is that a domestic violence charge triggers two separate legal processes that can run simultaneously:
- The criminal case — handled in criminal court, where the state prosecutes the charge
- The family law case — handled in superior court, where a judge makes decisions about custody, visitation, and parenting arrangements
What happens in one case can directly influence the other. A criminal conviction can be used as evidence in family court. A protective order issued in the criminal case can affect your access to your children immediately. And statements you make in one proceeding could potentially be used against you in the other.
This is why it matters enormously to have a criminal defense attorney involved from the very beginning, before anything is said or agreed to that could affect both cases.
How Georgia Family Courts View Domestic Violence
Georgia law requires family court judges to consider evidence of family violence when making custody decisions. Under O.C.G.A. § 19-9-3, a judge must consider any history of domestic violence as a factor in determining what custody arrangement is in the best interest of the child.
What the Law Says
Georgia courts operate under a “best interest of the child” standard when deciding custody. Domestic violence, whether it resulted in a criminal conviction or not, is one of the factors a judge must weigh. This means:
- Even an arrest without a conviction can be raised in family court
- Allegations alone, if supported by other evidence, can influence a judge’s decision
- A pattern of behavior, not just a single incident, may be considered
Does a Conviction Automatically Change Custody?
Not automatically, but it creates a significant legal hurdle. Georgia law establishes a rebuttable presumption that it is not in the best interest of a child to be placed in the custody of a parent who has been found to have committed family violence. That presumption can be overcome, but the burden falls on the parent with the conviction to show the court why custody would still be appropriate.
How a Protective Order Can Affect Your Access to Your Children
After a domestic violence arrest in Georgia, a temporary protective order (TPO) may be issued quickly, sometimes within hours. Depending on the terms of that order, it could:
Immediate Impacts of a Protective Order
- Restrict contact with the alleged victim, who may also be the co-parent of your children
- Require you to vacate the family home, separating you from your children immediately
- Limit or suspend visitation with your children if they are named in the order or live with the alleged victim
- Prohibit indirect contact meaning you cannot communicate through third parties, including using your children to pass messages
Violating a protective order is a separate criminal offense in Georgia and will make both your criminal case and your custody situation significantly worse.
What Happens to Visitation
Even if the protective order does not specifically address your children, a family court judge may put temporary visitation restrictions in place while the criminal case is pending. In some cases, visitation may be supervised, meaning a third party must be present during any time you spend with your children.
The Long-Term Custody Consequences of a Conviction
If the criminal case results in a conviction, the impact on custody can be long-lasting.
Factors a Family Court Judge Will Consider
- The nature and severity of the offense
- Whether the children were present during the incident
- Whether the violence was directed at the co-parent, a family member, or someone else in the household
- Your conduct since the incident, have you completed counseling, followed court orders, demonstrated changed behavior?
- The age of the children and their relationship with each parent
Possible Custody Outcomes
Depending on the circumstances, a domestic violence conviction could result in:
- A modification of an existing custody order in favor of the other parent
- A shift from joint custody to sole custody awarded to the other parent
- Supervised visitation only
- In the most serious cases, termination of parental rights, though this is rare and requires a separate legal process
None of these outcomes is automatic. Each case turns on its own facts, and a judge will weigh all of the evidence before making a decision.
What You Should Do Right Now
If you are facing a domestic violence charge and you have children, every decision you make in the coming days and weeks matters. Here is what to prioritize:
Do Not Violate the Protective Order
Even if the terms feel unfair, violating a protective order will damage both your criminal case and your standing in family court. Follow the order exactly and work through your attorney to address any terms that are unworkable.
Do Not Make Statements Without an Attorney
Anything you say, to police, to the co-parent, in text messages, on social media, can be used against you in both the criminal and family court proceedings. Stay quiet and get legal help first.
Document Everything
Keep records of your involvement in your children’s lives, school pickups, medical appointments, activities. If custody becomes contested, demonstrating your role as an engaged parent matters.
Get a Criminal Defense Attorney Involved Immediately
The outcome of your criminal case will have a direct bearing on what happens in family court. Fighting the criminal charge, or having it reduced or dismissed, may significantly change what a family court judge can consider.
At Philip Kim Law, P.C., Philip Kim has worked with parents across the Atlanta area who are navigating both a criminal charge and a custody dispute at the same time. His approach is straightforward: understand the full picture, protect your rights on the criminal side, and help you make informed decisions about what comes next. We offer a free legal consultation and work with English, Spanish, and Russian-speaking clients.
Frequently Asked Questions
Can a domestic violence charge affect custody even without a conviction?
Yes. Georgia family courts can consider arrests, allegations, and protective orders when making custody decisions, even if the criminal case has not been resolved or resulted in a conviction.
Will I lose custody of my children if I am charged with domestic violence in Georgia?
Not automatically. A charge, even a conviction, does not guarantee a loss of custody, but it creates a legal presumption that a judge must address. The outcome depends on the specific facts of your case, your history, and the evidence presented in family court.
Can I still see my children if a protective order is in place?
It depends on the specific terms of the order. Some protective orders address children directly; others do not. Even if your children are not named, a family court judge may impose separate visitation restrictions. Never assume contact is permitted, confirm the terms with your attorney.
Does the criminal case have to be finished before the custody case moves forward?
No. Both cases can proceed at the same time. Family court will not necessarily wait for the criminal case to be resolved before making temporary or permanent custody decisions.
Talk to Philip Kim Law, P.C. Today
A domestic violence charge puts more than your freedom at risk, it puts your relationship with your children on the line. The sooner you get legal help, the more options may be available to you on both fronts.
Philip Kim Law, P.C. offers a free legal consultation for parents facing domestic violence charges in Atlanta and Gwinnett County. Call us at (678) 273-3500 or schedule an appointment to get started today.
This post is for general informational purposes only and does not constitute legal advice. Every case is different. Contact our office to discuss your specific situation.