Consequences of a Domestic Violence Charge
The consequences of a domestic violence charge can alter the course of your life. These charges bring not only legal penalties but also long-lasting effects on your employment, family, housing, and personal reputation.
Even if you’re never convicted, the process itself can be punishing. Understanding the stakes is the first step toward protecting your rights and future.
The Harding Law Firm, LLC has seen firsthand how devastating domestic violence charges can be. Located in Griffin, Georgia, the firm represents individuals facing this charge throughout Spalding County, Butts County, Monroe County, Lamar County, and Henry County. Contact Attorney Harding today to learn more about your legal rights in domestic violence cases.
Domestic Violence Law in Georgia
In Georgia, domestic violence is defined under the Family Violence Act. This act covers acts occurring between people in domestic relationships, such as:
Battery
Assault
Stalking
Criminal trespass
Unlawful restraint
Relationships involved in domestic violence cases may include:
Current or former spouses
People who live or lived together
Parents of the same child
Other family or household members
One important distinction in Georgia law is the difference between general criminal charges like simple battery and those classified as "family violence." When the same act is committed between people in a domestic relationship, it’s treated more seriously under the law.
Police officers in Georgia are mandated to arrest someone if they have probable cause to believe a domestic violence act occurred. Even if the alleged victim doesn’t want to press charges, officers may proceed based on evidence or witness statements. Once charges are filed, it becomes the state’s case—not the victim’s.
Criminal Penalties
For a first offense, domestic violence battery is usually treated as a misdemeanor. A conviction can result in up to 12 months in jail, fines reaching $1,000, and probation that may include mandatory counseling or enrollment in a Family Violence Intervention Program (FVIP). Judges also frequently impose no-contact orders, even before a case goes to trial.
Repeat offenses escalate quickly. A second conviction for family violence battery—especially involving the same victim—is charged as a felony. The penalties increase significantly, often carrying prison time of up to five years. Charges involving aggravating factors like strangulation, serious injury, or the use of a weapon can result in even longer sentences.
Protective orders also come into play in domestic violence cases. A victim can file for a Temporary Protective Order (TPO), which prohibits the accused from having contact and can require them to vacate the home, surrender firearms, and stay away from children or family members.
These orders can be extended for up to three years or even made permanent after a court hearing. Violating such an order is a criminal offense and can lead to additional charges, including aggravated stalking.
In some cases, defendants may be held without bond, especially if the court sees them as a danger to the alleged victim. More often, judges impose strict bond conditions, including house arrest, electronic monitoring, or treatment requirements.
Collateral Consequences
The legal penalties for domestic violence are only the beginning. The collateral damage from a conviction—or sometimes just an arrest—can linger for years or even a lifetime.
A domestic violence conviction becomes a permanent part of your criminal record. The law doesn't allow these convictions to be expunged, sealed, or erased.
Employers, landlords, schools, and licensing agencies often conduct background checks, and any domestic violence conviction will show up without exception. Even if you were granted First Offender status and successfully completed your sentence, the arrest itself may still appear in certain records, which can lead to stigma and suspicion.
Employment can be heavily impacted. Many companies have policies that prohibit hiring or retaining employees with any history of violence. A conviction could cost you your job or prevent you from being hired in the first place.
This is especially true in professions that require trust, security clearance, or work with vulnerable populations, including teaching, law enforcement, healthcare, and government roles. Professional licensing boards also have the authority to revoke or deny licenses based on criminal convictions, especially those involving violence.
One of the most significant and often overlooked consequences of a domestic violence conviction is the loss of firearm rights. Under federal law, a person convicted of even a misdemeanor domestic violence offense is permanently prohibited from owning or possessing firearms.
This disqualification applies regardless of whether the conviction occurred in state or federal court. Courts also routinely prohibit firearm possession as a condition of bond or probation, particularly in cases involving protective orders.
Family court proceedings are also affected. A conviction for domestic violence can have a direct impact on child custody and visitation rights.
Judges are required to prioritize the safety of children and may impose supervised visitation, limited contact, or deny custody altogether if they believe a parent poses a risk. Even when a domestic violence charge isn't directly related to the children, courts often consider it evidence of poor judgment or instability.
For non-citizens, a domestic violence conviction may carry life-altering immigration consequences. It's considered a deportable offense under U.S. immigration law. That means even a misdemeanor conviction can lead to removal proceedings, denial of naturalization, and permanent inadmissibility.
Housing is another area where a domestic violence charge can create problems. Landlords often reject applicants with violent criminal records. If you’re living in public housing or using housing assistance programs, a conviction could lead to eviction or disqualification.
Beyond these tangible penalties, there’s a tremendous personal toll. The accusation alone can lead to strained relationships with friends and family, loss of community standing, and damage to one’s personal and professional reputation. The stress, uncertainty, and financial cost of defending a domestic violence case can be overwhelming.
Georgia Reforms and Recent Developments
In 2025, Georgia passed new legislation aimed at addressing how the legal system treats survivors of domestic abuse who commit crimes in connection with their abuse. The Georgia Survivor Justice Act allows incarcerated individuals to petition for sentence reductions or resentencing if they can demonstrate that their offense was related to being a victim of abuse.
While this law primarily benefits survivors—not those accused of domestic violence—it does represent a shift in how Georgia courts view the sensitive matters of abuse and trauma in criminal cases.
For those facing domestic violence charges, this law signals a broader change in public perception and judicial priorities. Judges and prosecutors may be more open to considering self-defense, coercion, or contextual factors, especially when mental health or substance abuse issues are involved.
Building an Effective Legal Defense
The first and most important step after being charged is hiring an experienced defense attorney. Time is critical. Early intervention allows your attorney to preserve evidence, protect your rights during interviews, and start building a case before the prosecution gets too far ahead.
Every allegation must be carefully investigated. That includes reviewing:
Witness statements
Medical records
Police reports
Photographs
911 audio
Digital evidence like texts, social media messages, or video footage
Inconsistencies in the alleged victim’s account, lack of visible injuries, or motive for a false accusation can all be used to build a strong defense.
In some cases, defendants may be eligible for First Offender treatment or a pretrial diversion program. These alternatives can allow someone to avoid a formal conviction if they meet certain conditions, such as completing counseling or probation. However, not every county offers these programs, and they may not be available in cases involving serious injuries or repeat offenses.
When possible, an experienced attorney will negotiate for a reduction in charges. For example, a charge of family violence battery may be reduced to simple assault or disorderly conduct—offenses that carry lighter penalties and fewer collateral consequences. In appropriate cases, going to trial may be the best option.
Protective orders shouldn't be ignored. Even if you believe the order is unfair or exaggerated, violating it can result in new criminal charges and jeopardize your entire defense. Your attorney can request a hearing to contest the order, limit its scope, or prevent it from being made permanent.
Contact an Experienced Criminal Defense Attorney
A domestic violence charge is serious. The criminal penalties are harsh, and the collateral consequences can be even more life-altering. Working with a qualified criminal defense attorney is critical in these cases.
The Harding Law Firm, LLC, located in Griffin, Georgia, is here to protect your rights, negotiate on your behalf, and build a defense that gives you the best possible chance of moving forward with your life. The firm serves clients throughout Spalding County, Butts County, Monroe County, Lamar County, and Henry County. Call today to start discussing your defense strategy.