When facing domestic violence charges, it is crucial to have the right legal representation on your side. A domestic violence attorney can help protect your rights, navigate complex legal procedures, and build a strong defense strategy on your behalf.
Here are a few key factors to consider when searching for a domestic violence attorney:
- Experience: Look for a criminal defense attorney who specializes in domestic violence cases. An experienced attorney will have the legal resources, knowledge and expertise to handle your specific needs effectively. They will understand the intricacies of domestic violence laws and, ideally, have a demonstrable track record of success in similar cases.
- Location: It is usually better to find a domestic violence attorney near you. A Cherokee County domestic violence lawyer will be familiar with the local courts, judges, and prosecutors, which can be advantageous when building your defense. Hiring a domestic violence attorney near you will also allow for easier communication and regular in-person meetings, ensuring a stronger attorney-client relationship.
- Initial Consultation: Many domestic violence lawyers offer initial consultations so you can get to know them, and so they can understand the intricacies of your situation. Use this opportunity to discuss your case, ask questions, and gauge their interest and dedication to your situation. It is important to find an attorney who is responsive, attentive, and genuinely cares about your well-being.
Remember, the consequences of a domestic violence conviction can be severe, including a criminal record, jail time, and loss of certain rights.
The stigma of a domestic violence conviction can be almost as bad as the actual penalties and have repercussions in your personal and professional life later on, too.
The right domestic violence attorney can ensure that your legal rights are protected and increase your chances of a favorable outcome.
If you’ve been accused of domestic violence or are facing criminal charges, don’t delay – start looking for a domestic violence attorney near you today.
Understanding Domestic Violence Charges in Georgia
Georgia’s Family Violence Act (O.C.G.A. 19-13-30 – 19-13-34) defines domestic violence as battery, simple battery, simple assault, assault, stalking, criminal damage to property, unlawful restraint, criminal trespass, and/or any felony committed by one household member against another.
While we tend to think of domestic violence offenses as acts of violence or physical abuse, the truth is that in Georgia, domestic violence can also include things like:
- Custodial interference
- Harassing by phone or by emails
- Removal of children from home without another parent’s permission
- Stalking
- Threatening to do bodily harm or cause death
- Trespassing either in the home or a person’s workplace
- Verbal abuse or intimidation
Domestic violence crimes also include acts of child abuse, sexual abuse, emotional or psychological abuse and financial abuse.
What Can Happen If You’re Accused of Domestic Violence in Georgia
In addition to criminal charges and arrest, domestic violence allegations in Georgia can result in a Family Violence Protective Order, which is a special type of restraining order against the accused.
These domestic violence protection orders carry serious weight, and violations can result in charges of aggravated stalking and jail time.
Consequences of these family violence charges and orders can include loss of your home, loss of the custody of minor children, orders to pay child and spousal support, orders to pay attorney fees, compulsory counseling and more.
What is a Domestic Violence Attorney?
Domestic violence attorneys are criminal defense lawyers who specialize in cases related to domestic abuse.
The cases they handle may include accusations of physical violence, emotional abuse, stalking, child abuse, financial abuse, or sexual abuse.
The main job of a domestic violence defense attorney is to protect the legal rights of individuals accused of domestic violence and provide them with an effective defense strategy.
The Role of a Domestic Violence Criminal Defense Attorney
A domestic violence attorney plays a significant role in safeguarding the accused’s rights and ensuring a fair legal process. Their responsibilities include:
Investigating the case: An experienced domestic violence attorney will conduct a thorough investigation to gather evidence, assess the strength of the prosecution’s case, and identify any potential defenses.
Developing defense strategies: They and their legal team will carefully analyze the specifics of the case to create a strategic defense plan tailored to the unique circumstances of the accused.
Negotiating on your behalf: If a plea agreement is possible, your attorney can negotiate with the prosecution to reduce charges or seek alternative sentencing.
Representing you in court: A domestic violence attorney will vigorously represent your interests during court proceedings, presenting compelling arguments, cross-examining witnesses, and challenging the prosecution’s evidence.
Understanding Your Legal Rights When Facing Domestic Violence Charges
Being charged with domestic violence can have severe consequences and impact various aspects of your life.
A conviction can result in a criminal record, which can make it challenging to secure future employment or find suitable housing.
Additionally, it may affect your ability to retain custody of your children if you are involved in a divorce or child custody battle.
However, having a skilled domestic violence attorney on your side can make all the difference in navigating these complex legal issues.
They can help you assert your rights and explore potential defenses to challenge the charges against you.
Some common defense strategies include:
- disproving false allegations
- providing an alibi
- demonstrating mitigating factors
- asserting self-defense
- asserting defense of others
- showing law enforcement misconduct during the investigation or domestic violence arrest
- highlighting a lack of proof
It is important to consult with an experienced domestic violence attorney who understands the intricate details of Georgia domestic violence laws and can effectively navigate your case.
They and their legal team will work tirelessly to protect your rights, build a strong defense, and seek the best possible outcome for your situation.
Knowing What to Look for in a Domestic Violence Attorney
When facing domestic violence charges, finding the right lawyer is key to ensuring your legal rights are protected.
Here are some key factors to consider when seeking legal representation in domestic violence cases.
Experience. This should be a top priority when selecting a domestic violence attorney.
Look for a lawyer with specific experience in handling domestic violence cases. They should be familiar with the domestic violence laws in your jurisdiction and have a track record of successfully defending clients against similar charges.
Communication. Effective communication is essential throughout the legal process.
Choose an attorney who is responsive and communicates clearly. They should be available to answer your questions promptly and keep you informed about the status of your case.
Cost. Consider the attorney’s fees and any additional charges.
Domestic violence cases can be complex, so it’s important to have a clear understanding of the cost of representation. Ask about their billing practices and whether there are any additional charges you may incur.
Style. The attorney’s approach to domestic violence cases is another crucial factor.
Some lawyers may emphasize negotiation and mediation, while others may focus on aggressive courtroom representation. Assess what approach aligns best with your goals and values.
Written Agreement. Ensure your attorney is willing to provide a written agreement that outlines the scope of their representation and the terms of the attorney-client relationship.
This agreement serves as a protection for both parties and clarifies expectations.
How Do I Find the Right Domestic Violence Attorney Near Canton?
Tips for finding the best domestic violence attorney in Cherokee County for your needs:
- Seek referrals. Ask friends, family, or trusted acquaintances for recommendations.
- Do Your Research. Look for reviews and testimonials online to gauge the attorney’s reputation and expertise in domestic violence cases.
- Take Advantage of Consultations. Schedule confidential consultations with potential attorneys to discuss your case and assess compatibility.
Benefits of Hiring an Experienced Domestic Violence Attorney
Speights Law boasts one of the most experienced domestic violence criminal defense teams in the Southeast.
Our domestic violence attorneys will provide you with invaluable guidance and representation throughout the legal process, helping you navigate the complexities of the law and mounting a strong defense strategy tailored to your specific case.
Providing Expert Advice & Representation on Your Case
An in-depth understanding of Georgia’s domestic violence laws helps our domestic violence attorneys support our clients at every turn .
We make sure to clearly explain your legal rights and discuss potential defense strategies – and the potential consequences of different outcomes – so you can make informed decisions and actively participate in your case.
By hiring an experienced domestic violence lawyer from our firm, you also gain access to our extensive network of resources.
We have relationships with experts like forensic specialists and investigators who can provide additional support and strengthen your defense.
Protecting Your Rights & Interests in Court
Our most important role as domestic violence attorneys is to serve as your advocate in court, one tasked with presenting persuasive arguments on your behalf and challenging any unfair treatment or violation of your rights.
If you’ve been accused in a domestic violence incident, you deserve all the legal protection the law allows.
The sooner you engage the services of the domestic violence attorneys at Speights Law, the better chance you have at building a strong defense.
Don’t hesitate to reach out for our expert legal help to protect your rights.
Looking for a Domestic Violence Attorney in Cherokee County?
Speights Law is the best at criminal defense. We specialize in domestic violence accusations and will fight hard for your rights in court.
Call us at 770-479-1500 for a confidential consultation or fill out our contact form here.
Archie Speights is a co-founder and lead criminal law attorney of Speights Law in Cherokee County. He is an experienced criminal defense lawyer who handles an assortment of major felony cases, including murder, sex crimes, aggravated assault, and drug crimes in the state of Georgia. To contact Archie, please visit our contact page.