Northwest Georgia Domestic Violence Defense Lawyers
Defense for Family Violence Allegations in Northwest Georgia
Facing a domestic violence charge can be emotionally devastating and legally overwhelming. If you’ve been accused of harming or threatening a family member, it’s critical to understand the serious consequences and protect your rights immediately. At Walt Law, we defend individuals charged with domestic assault and related offenses throughout Northwest Georgia, including Walker, Dade, Catoosa, Chattooga, and Whitfield Counties.
What Is Considered Domestic Assault Under Georgia Law?
Under Georgia law, “family violence” refers to certain types of criminal acts committed between individuals who are connected by family, household, or romantic relationships. Common charges include simple battery, aggravated assault, and stalking, among others.
The label “domestic” increases the severity of the case — affecting potential penalties, protective orders, and even custody rights.
How Are Victims Defined by Georgia Law?
Georgia law (O.C.G.A. § 19-13-1) defines domestic violence as offenses committed against:
- Current or former spouses
- Parents of the same child
- Parents and children
- Step-parents and step-children
- Roommates or people who live (or lived) in the same household
This broad definition means domestic violence charges can arise from a wide range of interpersonal conflicts — not just between romantic partners.
Penalties for Domestic Violence in Georgia
Depending on the charge, you could face:
- Up to 12 months in jail for misdemeanors
- 1 to 20 years in prison for felonies
- Permanent criminal record
- Loss of gun rights
- Restraining/protective orders
- Loss of child custody or visitation rights
- Deportation (for non-citizens)
Domestic violence convictions cannot be expunged under Georgia law. That’s why it’s vital to defend yourself properly from the beginning.
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Domestic Violence Charges We Handle
Walt Moffitt Law represents clients in all types of domestic violence-related criminal cases across Northwest Georgia, including:
Simple Battery (Family Violence)
Physical contact that causes harm or provokes fear. Often charged as a misdemeanor, but the “family violence” classification increases consequences and limits future plea options.
Aggravated Assault (Domestic Context)
Includes assaults involving weapons or acts that create a high risk of serious injury. Almost always charged as a
felony
with mandatory prison time upon conviction.
Violation of Protective Orders or Restraining Orders
Alleged contact with a protected individual can lead to separate criminal charges — even if the contact was unintentional or peaceful.
Criminal Trespass (Domestic Disputes)
Entering or damaging property during a domestic dispute can result in misdemeanor charges that escalate the legal situation.
Stalking or Harassment of a Family Member
Repeated, unwanted contact (texting, calling, following) may result in stalking charges, especially if a protective order is already in place.
Child Endangerment
Putting a child at risk during a domestic dispute or being arrested with a child present may lead to additional felony charges, even if the child was not harmed.
Why Choose Us for Your Drug Crime Defense
Domestic violence charges are deeply personal — and often highly emotional. Our goal is to protect your legal rights while helping you navigate the social, familial, and legal fallout of these accusations. We will:
- Investigate the facts and background of the case
- Challenge false allegations or misinterpreted actions
- Advocate for dismissal or reduced charges
- Represent you at protective order hearings
- Defend your parental rights in custody-related matters
- Fight aggressively at trial, if needed
Attorney Walt Moffitt understands the unique dynamics of family violence cases and brings years of local experience to clients in Rossville, Ringgold, LaFayette, Dalton, Trenton, and Summerville.
Take Action Now — Your Record, Family, and Future Are on the Line
The outcome of a domestic violence case can affect every area of your life — from your career to your custody rights. Let us help you take back control of the situation.
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FAQs About Domestic Violence Charges in Georgia
Can I be charged with domestic violence even if the alleged victim doesn’t want to press charges?
Yes. In Georgia, prosecutors can pursue domestic violence cases even if the alleged victim refuses to cooperate.
Will I lose custody of my children if I’m convicted of domestic violence?
Possibly. A conviction may affect your custody or visitation rights, especially if the offense involved children or occurred in their presence.
Is a domestic violence charge a misdemeanor or felony?
It depends on the severity. Simple battery is often a misdemeanor; aggravated assault or repeated offenses can be felonies.
Can I be charged with domestic violence if I was acting in self-defense?
We’ll investigate the facts and gather evidence to support a self-defense claim if applicable.
Will domestic violence stay on my record forever?
Yes. Domestic violence charges are not eligible for expungement in Georgia, making it essential to fight the charge from the start.