Defend Your Rights and Your Record with
Metro Atlanta Family Violence Defense Lawyers
If you or your child is facing a family violence charge in the Atlanta area, a Metro Atlanta family violence defense lawyer can help you understand the charge and help protect you. These cases can move differently from other charges when there are bond conditions in place.  Addressing these issues early can often shape everything after.
Most of the people we help are in their teens and twenties, and many of the calls we receive come from a parent.
Our law firm has been defending people in their teens and twenties since 2007, and it is the focus of our practice. We serve families across Metro Atlanta and North Georgia.
Family violence is not a separate crime in Georgia. It is a label that attaches to an ordinary charge, such as battery or simple battery, when the people involved fall into a certain relationship, and that label changes how the case is treated.
Under O.C.G.A. § 16-5-23.1(f), the family violence version of battery applies between household members, which the statute defines to include:
That last category is broader than most families expect. Siblings can fall within this category. Â Roommates and former roommates can also fall inside it, which is one reason these charges reach young people living away from home for the first time.
The same physical act carries more weight when the family violence label attaches.
Ordinary battery does not become a felony until a third conviction against the same person. Family violence battery gets there on the second. That difference is a large part of why a first case matters so much.
This is the question we hear most, and the answer surprises people. No. Once the state is involved, the decision to prosecute belongs to the prosecutor, not to the person who called or the person named as the victim. A case can move forward even when that person asks for it to stop, and even when they don’t want to be involved.
There is a related trap worth naming. Contact that seems harmless, including a text message apologizing or checking in on the other person, can create a new and more serious charge if a protective order or bond condition is in place. This is true, even if the other person initiates the communication. Â Before communicating with an alleged victim, it is worth making sure you understand if you have bond conditions and exactly what they say.
A family violence allegation can produce two proceedings at once. Alongside the criminal case, the other person may seek a Temporary Protective Order, which is handled separately under Georgia’s Family Violence Act and can restrict where someone lives, goes, and who they contact.
The two cases have different rules and different timelines, and what happens in one can affect the other. They deserve to be handled together rather than one at a time.
Most of what a case might mean for a person’s life depends on their own situation, and we would rather understand what you care about than tell you what to worry about. However, there is one aspect of a domestic violence conviction that we raise with every family, because it is written into federal law rather than left to a judge. Under 18 U.S.C. § 922(g)(9), a conviction for a misdemeanor crime of domestic violence carries a federal firearm prohibition. It applies even to a misdemeanor, and it is not something a Georgia court can undo.
Additionally, and with limited exceptions, Georgia law requires the completion of a Family Violence Intervention Program upon a conviction, which is 26 weeks long.
Your defense starts with you. If we decide to work together, we take time to understand our client, the relationship, what actually happened, and what a good outcome looks like for the family. We then recommend a path built around that rather than a standard script.
From there, we work as a team to put our best defense forward. Â We analyze the case and your options.
Can the state prove each element? For battery, the state has to prove intentional physical harm or visible bodily harm. Injuries described in a report are not always injuries the evidence supports, and words like substantial and visible have legal meaning that can be tested.
What do the accounts actually show? Many of these cases begin with a call made in a heated moment, and the first account an officer hears is not always complete or consistent. Statements change. Two people sometimes describe an argument in ways that place responsibility very differently, and mutual altercations get charged as one-sided all the time.
Was the evidence gathered lawfully? How officers entered, what was searched, and how any statement was obtained all matter. If any of it did not follow the law, that evidence may be challenged or kept out.
Does the relationship even fit the statute? The family violence label depends on a defined relationship. Where it does not fit, the charge may not either.
When challenging the case is not the full answer, or another path better fits your goals, there may be room to negotiate a resolution that does not carry the lasting consequences a family violence conviction does. What is available depends on the facts, the court, and the person’s history, and the judge has the final say.
We believe every young person deserves the chance to become their best self, and that one of the worst nights of a family’s life should not decide the rest of it. That belief is the reason we do this work.
When we take a case, we keep your goals at the center of the plan, we prepare the young person for court, and we keep you informed as things move.
A consultation is a two-way conversation, and there is real value in it even before anyone decides anything. You come away understanding what the charge means, what your bond conditions do and do not allow, and what your realistic options are. We come away with enough to say whether we are the right fit. We do not take every case that reaches out, and sorting that out together is part of the point for everyone.
A word of caution as you compare firms. Your case deserves focused attention. If a firm hands you an attorney the second you call, that is worth asking why, because part of giving a case focused attention means not dropping a current client’s work to chase a new call. That is why we schedule consultations. The time you get is time set aside for you, and the same is true for the clients who came before you.
Our legal team helps families throughout Metro Atlanta and North Georgia, including these counties:
Bartow County, Carroll County, Cherokee County, Clayton County, Cobb County, DeKalb County, Douglas County, Fayette County, Forsyth County, Fulton County, Gwinnett County, Hall County, Paulding County, and Pickens County.
Can the other person drop a family violence charge in Georgia?
No. The decision belongs to the prosecutor once the state is involved. A case can move forward even if the other person asks for it to be dropped or declines to participate.
Is family violence battery a felony in Georgia?
A first conviction of family violence battery is a misdemeanor. A second or subsequent conviction, against the same person or another, is a felony punishable by one to five years.
Does a roommate count as a household member for a family violence case?
Generally, they do. The statute covers people living or formerly living in the same household, which can include roommates. Whether the relationship fits is one of the first things worth examining.
Can I contact the other person while the case is pending?
Not if a protective order or bond condition says otherwise, and violating one can create a new charge. Find out exactly what the conditions say before making any contact.
Is a family violence charge handled in juvenile or adult court?
It depends on age. A person 17 or older is charged as an adult. A young person 16 or under usually starts in juvenile court.
A family violence charge is a serious matter, and it is still a starting point rather than a verdict. The sooner our team learns the details, the sooner we can help you understand your options and build a plan around your goals.
Schedule your consultation today.
Not ready to talk yet? Download our free guide, “5 Things Not to Do After You’ve Been Charged with a Crime,” for the early missteps to avoid.
Ghanouni Teen & Young Adult Defense Firm 691 John Wesley Dobbs Ave NE unit 225, Atlanta, GA 30312
Ghanouni Teen & Young Adult Defense Firm 2765 S Main St Suite C-2, Kennesaw, GA 30144
Ghanouni Teen & Young Adult Defense Firm 3227 S. Cherokee Lane, Suite 1360, Woodstock, GA 30188