An important legal aspect of domestic violence is that the state makes the charges on behalf of the victim. That means that once a charge has been made, the victim cannot drop or withdraw the charges, even if he or she wants to. This includes charges that were made as the result of charges that were made in the heat of the moment or because of a misunderstanding.
Domestic violence is not restricted to romantic partners. Charges can be brought on behalf of anyone you share a home with, including children and roommates. Because victims’ rights advocacy is extremely widespread and has a lot of political traction at the moment, district attorneys experience pressure to push for conviction and the maximum jail time. Domestic violence is also what is referred to as a “crime of character,” which means that it changes your reputation forever.
Taken in combination, this means that it is extremely important to hire an experienced criminal defense attorney as soon as you are charged with domestic violence. The longer you wait, the more momentum the prosecution has and the greater the chances that you will suffer consequences that could have been avoided had you taken action sooner.
Because the individuals involved in domestic violence cases live together and often have long and complex personal histories, the context of that relationship must always be considered when charges of domestic violence are made. There are many examples of cases where domestic charges were made falsely out of anger or misunderstanding. Adding to this level of complexity, in the state of Georgia, domestic violence covers a broad spectrum of possible actions, including:
• Assault
• Battery
• Child abuse
• Dating violence
• Neglect
• Physical abuse
• Property damage
• Spousal abuse
• Stalking
• Threats of violence
• Trespassing
• Verbal abuse
Having a domestic violence conviction on your record can lead to many life-altering consequences beyond jail time. These can include the loss of your job, restraining orders against the alleged victim, and child custody issues (even if you were not accused of child abuse). Simply put, your reputation is at risk.
Mr. Holloway is a former police officer and prosecutor. He is intimately familiar with the burden of proof the other side must meet and has experience identifying the procedural errors that can be made by the other side. He will investigate the particulars of your case thoroughly and aggressively pursue the best possible outcome. Do not delay; if you have been charged with domestic violence, time is of the absolute essence. If you have been charged with domestic violence in Marietta or anywhere in Cobb County, contact our office today for a free and confidential consultation.