THE 'CRIME' OF FAMILY VIOLENCE DOES NOT EXIST IN GA

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There is not a crime in Georgia called Family Violence. Rather, The Family Violence Act covers the commission of certain types of crimes against certain persons.

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DEFINITION OF FAMILY VIOLENCE

 

If you commit a:

• battery,

• simple battery,

• simple assault or assault,

• stalking,

• damage to property,

• unlawful restraint, 

• criminal trespass, or

• any felony,

OCGA § 19-13-1
See also OCGA § 17-4-20.1

 

Upon any of the following persons, it is considered family violence:

• Past or present spouses

• Persons who are parents of the same child

• Parents and children

• Stepparents and stepchildren

• Foster parents and foster children

• Other persons living or formerly living in the same house

 

OFTEN OVERLOOKED CONSEQUENCES

 

Custody of Children
If you are divorced and do not have custody of your children, a family violence offense can actually prevent you from having visitation. Even if visitation is allowed, it can be severely restricted in the following manner:

The judge can include any or all of the following conditions in an order:

1. Any exchange of a child to occur in a protected setting; 

2. Your visitation can be supervised by another person or agency; 

3. You might have to complete a family violence intervention program;

4. You can be ordered to abstain from possession or consumption of alcohol, marijuana, or any Schedule I controlled substance during the visitation and for 24 hours preceding the visitation;

5. You could be required to pay a fee to defray the costs of supervised visitation;

6. You could be prohibited from having any overnight visitation;

7. You could be required to post a bond for the return and safety of the child; and

8. The judge can impose any other condition he deems necessary.

 
Possession of a Firearm
Federal Law (USC Title 18 Section 922 (g)(9)) provides that if you are convicted of a Family Violence crime, you cannot possess any firearm that has been shipped or transported in interstate or foreign commerce.

Immigration
A conviction for an offense involving family violence can affect immigration status.

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No Preset Bail Bond
Many misdemeanors have a schedule of bail bonds. Once you are arrested you can bond right out. However, offenses prosecuted under the Family Violence Act have no preset bond. In order to obtain a bail bond, you will have to appear before a judge.

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Many crimes of family violence are committed on Friday night. In many jurisdictions, you will not see a judge until the following Monday, meaning you will have all weekend to cool off.