The Georgia code defines domestic violence as any felony, battery, simple battery, simple assault, assault, stalking, criminal damage to property, unlawful restraint, and/or criminal trespass between past or present spouses, persons who are parents of the same child, parents and children, stepparents and stepchildren, foster parents and foster children and any other persons living or formerly living in the same household.

If any form of domestic violence occurs while minor children are present, there is likely to be a cruelty to children charge added to the offense.

Generally, the conditions of bond and probation will contain a no-contact provision. It is important how this provision is worded, because if the provision is violated there is not only the risk of bond forfeiture and/or probation revocation, but also a felony aggravated stalking charge. Aggravated stalking can also be charged if a Temporary Protective Order or Restraining Order was in place at the time the offense occurred.

Many times domestic violence charges can be resolved through pre-trial diversion and domestic violence counseling. If you or a loved-one are charged with domestic violence, you need a criminal defense attorney who knows how to reconcile the charges without dividing your family.