Who defines domestic violence?

arrested after a domestic violence dispute

Is domestic violence a crime?

Domestic violence and arrest are a serious matter, and in domestic violence laws and policies, they vary from state to state. Whether a case of domestic violence charges is criminal or civil will depend on several factors, and the laws are in place to assure whether a domestic violence case dismissed without prejudice takes place.

Domestic violence laws are written by each state’s penal code by the legislature. Domestic violence definition does not have a universal description. For the state of Georgia, domestic violence charges denote violent acts between one family member and another. There is different domestic violence: 

  • Physical: One person batters, bites, hits, punches, shoves, slaps or any type of violent actions inflicted on another person.
  • Sexual: One person attempts or coerces another into sexual behavior or sexual without the second person consent.
  • Emotional: One person deflates or invalidates another person’s sense of self-esteem and/or self-worth. Economic: When a person attempts to make another financially reliant on them.

Domestic violence can be referred to as spousal abuse and often the abuser has a history of repetitive abuse behavior.

How much is bail for domestic?

A brief summary of bail, bonds, and jail time in the State of Georgia are defined as such:

  • In the State of Georgia, domestic violence charges that result in a battery conviction is a misdemeanor, punishable by 12 months jail time, a $1,000 fine, or combination of both for first-time offense Repeat convictions for family violence battery is a felony and punishable by a maximum of five years in prison.
  • A simple assault is a misdemeanor and punished accordingly. However, a simple assault against a family member, public school employees, any person of 65 years or older, an expectant woman, or violent act committed in a public transportation vehicle or station are misdemeanors of an aggravated nature. This is punishable by 12 months of jail time plus a $1,000 fine. If deemed an aggravated misdemeanor, the fine can be as high as $5,000. In either case, jail time cannot be more than 12 months.
  • Any person incarcerated for an aggravated misdemeanor will earn no more than may receive no more than four days of credit each month for good behavior. Any person incarcerated for ordinary misdemeanors can be eligible for two days’ credit for each day served. Incarcerated people that work assigned detail can be credited four days credit daily for each day served.  

Can you drop charges in a domestic violence case?

The answer is no. The only person who can drop domestic violence charges is the person who filed the charges. In the State of Georgia, the prosecutor’s office files domestic violence charges. Therefore, the victim cannot drop the charges, only the prosecutor’s office can.

Do domestic violence cases get dismissed?

If a person is accused and charged with family violence, they need to seek the services of the defense attorney promptly. Regarding family violence, charges cannot be simply dropped. Any attempt by a victim to drop domestic violence charges often bolsters prosecutors to push for harsher punishments, possibly adding other charges. 

locked in jail

How long do you get in jail for domestic violence?

We discussed these charges earlier, but to review in shorter explanation:

What the legal system of Georgia considers being a simple assault is prosecuted as a misdemeanor. When that assault happens in a domestic relationship, domestic violence charges become an aggravated misdemeanor. The fine can be as much as $5,000 and a maximum time behind bars of 12 months. An attorney that specializes in the domestic assault will be better able to provide details of this nature. 

The State of Georgia has created provisions for prosecuting family domestic violence charges, with one being getting a judge’s protective order against alleged abusers who are a current, former family member, or from former domestic relation. This includes co-parents of child/children, stepparent, foster parents, or anyone living in the same home now or in the past.

Significantly, it is a mandatory responsibility of law enforcement officials by the Georgia Legislature to investigate any claim of family violence as reported to them that indicates any possible violation of the law.

The deciding factor between basic assault charges and (domestic violence charges are based on the past and present identities and relationships of the people involved. When there is a repeat of the criminal conduct and a current or former relationship of domestic nature is in place, the state of Georgia ramps up punishment and orders a quick arrest of the supposed perpetrator as a way of diffusing any possible escalation that could result in death.

Being convicted of domestic violence charges can lead to complications and difficulties in every aspect of the accused and the victim’s personal and professional life. For the accused, it can lead to custody determinations if children are involved. The details and outcome of domestic violence charges can be better explained by an attorney that specializes in these cases. If you or a loved one need domestic violence bail bonds, contact Double “O” Bonding today at 706-353-6467.