If you are accused of family violence, you need to speak to a criminal defense attorney immediately. There is no simple way to ‘drop charges’ in a family violence case. In fact, attempts by a victim to ‘drop’ domestic violence charges may hurt more than help. Victims often face pressure from prosecutors, and may even face criminal charges for not cooperating.
For that reason, alleged victim’s should NEVER contact a prosecutor when trying to resolve family violence charges. Read the information below, and contact us immediately to schedule a consultation and discuss your options.
What is a family violence charge?
You can be charged with family violence for committing a crime against your spouse, your child, your child’s parent, or your parents. Georgia law also defines family violence as a crime committed against any other person living in your household. This can include an underlying felony, or certain misdemeanors.
What is the punishment for committing family violence?
A Family Violence Protective Order prohibits you from contacting, or living with the alleged victim. Additional penalties include the loss of child custody, court-ordered child support, spousal support, and family violence intervention classes.
Will my case get dismissed if the victim wants to drop the charges?
NO. The State can prosecute you with or without the victim’s help. Alleged victims commonly ask the State to dismiss charges, but it is ultimately prosecutor’s decision whether or not to do so.
Prosecutors can take a case to trial against a victim’s wishes. As a result, alleged victims can be forced to attend court, and forced to testify even if they don’t want to be involved.
Will my case get dismissed if the victim says they lied?
NO. Prosecutors will never believe a victim who claims they lied about being abused. Instead, they will believe the victim is being forced to change their story. Asking an alleged victim to give a statement claiming they lied will not help your case. In fact, it could result in additional charges against the you and the victim.
The court ordered me to have NO CONTACT with the victim. But what if the victim wants to contact me?
Violating a No Contact Order is an easy way to get re-arrested. YOU ARE NOT ALLOWED TO HAVE ANY CONTACT, even if the victim contacts you. Responding to, or contacting the victim will lead to your arrest and additional charges.
If the victim in your case wants to contact you, then that person needs to contact a criminal defense attorney. Your lawyer can help you amend the court’s order so that you can have contact without breaking the law.
What can I do to prevent my loved one from going to prison?
The best thing to do is contact a criminal defense attorney immediately. A family Violence conviction can separate families and cause unnecessary financial hardship. Contact us for a consultation to discuss your options. We can talk about overcoming your domestic dispute while protecting your family from the criminal court system.