Family violence, also known as Domestic violence, refers to physical harm inflicted on one member of a household or family, by another member of the same household or family (usually between spouses). Domestic violence, sometimes called spousal abuse when it involves a husband and wife, usually involves repetitive physical and psychological abuse, and a "cycle of violence". Specific crimes charged vary based on: (1) the severity of the victim`s injuries; (2) whether a minor was present; and (3) whether a protective or restraining order was in place at the time of the violence.
First, the severity of the victim’s injury will determine whether the police and/or prosecutor will charge the accused with simple battery, aggravated assault and/or aggravated battery. Second, if a minor was present to witness the domestic violence, there will certainly be a charge of Cruelty to Children put upon the accused, for allowing the child to witness the violence. Third, if there is a protective order in place when the domestic violence occurs, the accused will probably be charged with Aggravated Stalking, which requires a Superior Court judge to set bond.
When an officer is called to a scene due to an alleged family violence incident, 99% of the time, someone is taken to jail. The person who contacts the police is called the Complaining Witness in a case. The complaining witness, who might not be the victim, is usually the prosecutor’s main and only witness. At the time of the arrest, the responding officer may take both a written statement from the victim and photographs of all of the victim’s injuries, which can be used as evidence in the case. In addition, the 9-1-1 tape can be used as evidence by the prosecutor to establish the emotional state of the complainant.
Please find attached a list of other clients we have helped. See more under Recent Trials.
CASE: State of Georgia v. Brian Keith Combs (05B-4647-6)
RESULT: Three-day jury trial on felony family violence battery, resulted in NOT GUILTY verdict.
FACTS: Client dated and lived with crazy girlfriend, who accused him multiple times of domestic violence. In an effort to get out of jail after the first allegations were leveled against him, the client pled guilty to first false accusation of domestic violence. Girlfriend made similar allegations again, and even had bruises. However, an independent witness testified to girlfriend`s crazy behavior in a restaurant and jury found girlfriend incredible.
CASE: State of Georgia v. Stanley B. Clemons, II (05B-5140-8)
RESULT: (February, 2006) three-day jury trial on sole count of Aggravated Stalking resulted in NOT GUILTY verdict.
FACTS: Client got romantically involved with a woman too quickly. When client realized that she wanted more than he was willing to commit to and tried to end it, she took out a temporary restraining order (TPO). Client tried to break off all contact, but ex-girlfriend continued to pursue him and create stories about how he would not leave her alone. Client was eventually arrested and forced to stand trial.
Keywords: Family Violence Defense Lawyers, Family Violence Attorneys, Lawrenceville Family Violence Attorneys
