Georgia Domestic Abuse Laws
In the state of Georgia, there are 65 organizations that provide services related to domestic abuse and violence. Out of the 55 organizations provide information on all their programs online. These programs and organizations are spread over 46 different cities in Georgia. In these organizations Spanish is spoken in 49% of the places and French is spoken in 7% of such places.
Georgia is one of the few states that has a non-touching form of battery charges included under domestic abuse. This criminal act is referred to as ‘simple battery family violence’ in Georgia. Each legislature of the state writes laws into their penal code that is the reason why there is no universal definition of domestic abuse in the United States. However, there are some basic components of the state laws and statutes that are common for most of the states.
Domestic Abuse Law in Georgia
The legislature of Georgia defines domestic abuse as an act of committing family violence. The law provides protection against emotional, sexual, physical abuse among other household or family members. It is not necessary to be married to the victim to be accused of domestic abuse in Georgia.
The Family Violence Acct of the state of Georgia protects people who are abused by parents of the same children, past or present spouse, children and parents, stepchildren and stepparents, foster children and foster parents, or other people formerly living or currently living in the same household. The law is also designed to provide, financial support, temporary custody, and other assistance to the abused person. Most of the domestic abuse laws are dependent on state law. This includes protection or restraining orders, custody, crimes, and other factors.
Protective Order of Georgia
Other than criminal prosecution there are several legal protections and remedies available for domestic abuse victims in the state of Georgia. The court can issue Family Law Protective Order against the offender, to protect the privacy and life of the victim. This order does not allow the defendant to contact the victim of domestic abuse for a stipulated period of time. If a person is found guilty of breaking the Family Law Protection Law he or she could be charged with the separate crime of violating the order and could be jailed. In this case, the charges can include aggravated stalking.
The Family Violence Protection Act is designed to:
- order assistance to get the personal property of the victim back from the offender’s house.
- Make the victim sole possessor of a house or property where the offender had some share, and force the offender to vacate the property.
- Give court orders to stay away from the victim
- Force the abuser to provide alternate housing for the former spouse, spouse, children or parents.
- Restrict the custody rights and setting temporary visitation rights for the children of the accused. In such cases, the victim gets temporary full custody of the child that they share.
- Order the abuser to attend state-mandated counseling classes.
- Award temporary spousal support or child support from the abuser.
- provide attorney fees and award costs to the victim party.
If you or anyone is a victim of domestic abuse it is necessary to call for immediate help to keep a safe distance from the abuser. Many people especially women think that domestic violence is a family or private matter and hesitate to take steps thinking about the honor, relationships, and society. Some people fail to realize, in time that it is an unlawful act that has legal consequences, and reporting any case of domestic violence is necessary for the safety of everyone involved.