GEORGIA'S Family Violence Act

[Jim]

GEORGIA'S
FAMILY VIOLENCE ACT


THE 'CRIME' OF FAMILY VIOLENCE
DOES NOT EXIST IN GA

There is not a crime in Georgia called Family Violence. Rather, The Family Violence Act covers the commission of certain types of crimes against certain persons.

DEFINITION OF FAMILY VIOLENCE
If you commit a

battery,

simple battery,

simple assault,

stalking,

damage to property,

unlawful restraint,

criminal trespass, or

any felony,

upon any of the following persons, it is considered family violence:

Past or present spouses

Persons who are parents of the same child

Parents and children

Stepparents and stepchildren

Foster parents and foster children

Other persons living or formerly living in the same house

OFTEN OVERLOOKED CONSEQUENCES

Custody of Children
If you are divorced and do not have custody of your children, a family violence offense can actually prevent you from having visitation. Even if visitation is allowed, it can be severely restricted in the following manner:

The judge can include any or all of the following conditions in an order:

Any exchange of a child to occur in a protected setting;

Your visitation can be supervised by another person or agency;

You might have to complete a family violence intervention program;

You can be ordered to abstain from possession or consumption of alcohol, marijuana, or any Schedule I controlled substance during the visitation and for 24 hours preceding the visitation;

You could be required to pay a fee to defray the costs of supervised visitation;

You could be prohibited from having any overnight visitation;

You could be required to post a bond for the return and safety of the child; and

The judge can impose any other condition he deems necessary.


Possession of a Firearm
GA Law
Under Georgia Law a conviction for any "forcible misdemeanor" can result in the loss of your right to keep a firearm. "Forcible misdemeanor" means any misdemeanor which involves the use or threat of physical force or violence against any person. Most of the offenses listed in the Georgia definition of Family Violence are forcible misdemeanors.

Federal Law
Furthermore, Federal Law (USC Title 18 Section 922 (g)(9)) provides that if you are convicted of a Family Violence crime, you cannot possess any firearm that has been shipped or transported in interstate or foreign commerce.

As you can see, between Georgia State law and Federal law, if convicted of a crime under the Family Violence Act, and if you are in any profession that requires the use of a firearm, you will probably lose your job.

Immigration
A conviction for an offense involving family violence can affect immigration status.

No Preset Bail Bond
Many misdemeanors have a schedule of bail bonds. Once you are arrested you can bond right out. However, offenses prosecuted under the Family Violence Act have no preset bond. In order to obtain a bail bond, you will have to appear before a judge.

Many crimes of family violence are committed on Friday night. In many jurisdictions, you will not see a judge until the following Monday, meaning you will have all weekend to cool off.

www.georgiadefenders.com/assault.familyviolence.htm