We provide specialized defense against the full range of charges in this sensitive and complex area of criminal law.
• Focus: This charge elevates a standard battery based on the relationship element ($O.C.G.A. 16-5-23.1$), applying to acts between current or former spouses, parents, children, step-parents, step-children, or persons who live or lived in the same household.
• Penalties: A conviction carries mandatory minimum jail time for a second offense. Crucially, a conviction leads to the permanent loss of the right to own or possess a firearm under federal law, and creates a permanent, negative mark on a person's record, severely impacting child custody matters.
• Focus: Battery involves actual physical contact that is insulting or causes visible bodily harm. Assault is the less severe charge and only requires the threat or attempt of a violent injury. These charges can be elevated if the victim is a family member or if there are aggravating factors.
• Severity: A TPO is a separate civil matter, but it carries immediate and significant criminal consequences. A TPO hearing can result in the accused being forced out of their home, ordered to pay temporary support, and completely restricted from contacting their children or family for up to one year.
• Defense Focus: We aggressively represent clients in the TPO Hearings to challenge the allegations, present counter-evidence, and prevent the issuance of a permanent restraining order. Violation of a TPO is a separate criminal offense.
