Family Violence Attorney Lawrenceville

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.

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Domestic Violence Attorney Lawrenceville

Question: The other night my boyfriend and I got into a fight and he held me down and wouldn't get off of me so I threw his phone and broke it. Then he got back on top of me and once again wouldn't let me go. Whenever he finally let me go I called my mom and she called the cops because I had marks on me. The cops came and we both went to jail. I was charged for throwing and breaking his phone and he was charged for false imprisonment. I got out of jail the next day but he had no bond of course. He went and talked with the judge today and they denied him bond. I want to see about getting the charge dropped. Any advice please? This is his first offence.

Answer: You cannot drop the charges. The state prosecutor is the party in the case, you are only a witness. So, now the main thing you can do is retain an attorney to assist him. Click here for info on retaining the right attorney

Answered by Lawrence Lewis - Domestic Violence Attorney Lawrenceville

Top Five Fights That Lead to Domestic Violence

Irrespective of whether it is a mild push or a violent beating, domestic violence (aka family violence) is particularly disruptive to the constructive development of each family member.  The accused is typically arrested and jailed, the victim’s esteem is negatively affected, and every family member that witnesses or hears the assault is placed in the precarious position of choosing sides.  Much of the domestic violence that occurs can be avoided by avoiding the behavior or arguments that lead to domestic violence.  The top five fights that lead to domestic violence typically center around: 

(5) Drinking (alcohol) or drug use

(4) Cheating or womanizing

(3) Time

(2) Money 

(1) Poor communication

Substance abuse, primarily alcohol consumption, dominates many fights that lead to domestic violence. Unfortunately, most sober spouses choose to confront the drinking spouse while the drinking spouse is under the influence of alcohol or drugs, which is the worse time to argue about the substance abuse.  If there is going to be any confrontation, the sober spouse should try and press the issue when neither spouse is under the influence of alcohol.  The typical scenario goes like this:

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Domestic Violence Attorney Lawrenceville, Family Attorney Atlanta