Domestic Violence

///Domestic Violence
Domestic Violence2018-02-06T16:38:44+00:00

MARIETTA DOMESTIC VIOLENCE DEFENSE LAWYER

Domestic violence arrests typically happen during periods of overwhelming emotional stress. Often, people are more concerned about the state of a relationship than they are with taking action to defend themselves.

The first thing that comes to mind when most people hear the term ‘domestic violence’ is smacking, hitting, screaming, and beating. There are many forms of domestic violence that fall under the categories of either physical or verbal abuse. You can be kidnapped, threatened, neglected, or assaulted. Victims of these kinds of violent abuse are usually somebody’s spouse, child, or another related family member.

While most domestic violence happens in the home, that isn’t true in all cases. If one household member is involved in committing an act of domestic violence on another member of that same household, it can be deemed as being domestic violence.

Former Cobb County Prosecutor Committed to Defending Your Rights

One of your first actions following an arrest for domestic violence in Marietta or Cobb County should be to contact an experienced attorney. At The Young Law Firm, defense lawyer Diana Whipkey Young has more than 30 years of experience. She is a former Cobb County domestic violence prosecutor known for getting her clients’ the best results possible, whether that means a dismissal, a reduced charge, or going to trial.

Contact our Marietta domestic violence defense lawyer to schedule a 30-minute consultation to learn how she will protect your rights at every turn possible.

Experience Needed to Protect Your Best Interests

If the police were called for a domestic disturbance, you will likely be charged if they see reasonable proof of that disturbance, such as a mark on another person’s body. They will then recommend that the alleged victim pursue a temporary protective order (TPO), which could:

  • Force you to leave your house
  • Keep you from contacting your spouse, girlfriend or boyfriend
  • Keep you from having contact with your children
  • Affect custody and visitation arrangements
  • End your right to possess firearms for a period of time
  • Require you to complete the 28-week Family Violence Batterer’s Intervention Program

If the other party does secure a TPO against you, do not violate that order. No contact means no contact by any means, including phone, mail, e-mail, social media or even passing messages through a relative or another third party. Any contact may be grounds for further criminal charges, such as aggravated stalking, which is a felony.

At The Young Law Firm, we do not want the allegations against you to escalate. Defense lawyer Diana Whipkey Young will conduct a thorough investigation to protect your rights. She is prepared to uncover any weakness in the allegations against you or any evidence that can be used in your favor.

Mitigating the Ramifications You Are Up Against

In Georgia, the conditions of bond are often tailored to act in conjunction with a TPO. With effective legal representation, you can negotiate terms that are more favorable to you. This can be very valuable in the freedom it provides, but it can also help you avoid charges like aggravated stalking.

Domestic violence can involve many aspects of criminal law and family law, two areas where domestic violence attorney Diana Young has significant experience. She will carefully listen to your situation and provide an honest assessment of how best to proceed.

Domestic violence cases are very common within the United States. The state of Georgia has enacted much tougher laws to help dissuade this kind of activity. Safe Horizon (largest United States Victims services agency) released some statistics that stated:

  1. Women experience over 4 million physical rapes and assaults enacted by their partners. Men are the victims in around 3 million physical assaults.
  2. 1 out of every 4 women will have a domestic violence experience in their lifetime.
  3. Over 60% of all domestic violence takes place at home.
  4. The costs for law enforcement to handle domestic violence is over $37 billion per year. That involves all the medical/mental health treatment, legal work, and lost productivity for companies.
  5. Georgia law enforcement responded to 58,420 domestic violence incidents in 2008.
  6. A report from the ‘Georgia Commission on Family Violence’ states that there were 834 documented deaths resulting from domestic violence spanning from 2003 to 2009.

Georgia Domestic Violence Laws

In Georgia, the problem of domestic violence is addressed in its Domestic Relations Code (Chapter 13). Included in its definition of what is domestic violence, is property damage, unlawful restraint, trespassing, stalking, battery, and assault. Any family member who knowingly and/or violently violates any protective order is in particular trouble. Violating a protective order is charged as a criminal misdemeanor in Georgia. An offender can receive as much a 1 full year in prison along with $1,000 in fees.

Protective Orders Can Do This:

  1. Order a perpetrator to cease and desist from all violent acts, and to stop any harassing or interfering with the stated victim.
  2. Force a perpetrator to vacate the home and award possession of that property to said victim.
  3. Force perpetrators to locate suitable housing for accommodating their spouses and/or children, and can award temporary custody of children to the said victim while establishing temporary visitation rights to accommodate the perpetrator.
  4. Order perpetrators to pay child support or alimony.
  5. Award the attorney fees and costs.

If you or someone you know wants to learn more about Georgia police protocol in cases of domestic violence, get online and search the Georgia laws governing domestic violence. If you yourself have a domestic violence charge pending, here is what you can expect in regard to penalties –

  1. Simple battery involving a family member – $5,000 fine and as much as one full year in prison.
  2. Aggravated Battery – 25 to 50 years.
  3. Aggravated Assault – 3 to 20 years.

Domestic Violence False Accusations:

Anyone who is a victim of domestic violence has the right to seek protection. On the other side of the coin, no-one has the right to falsely accuse someone of this terrible crime, whether out of spite or in the heat of anger. Sometimes it can be a simple misunderstanding. The heart of most all domestic violence comes out of emotional turbulence from people who love each other but have trouble controlling themselves. Most of these people have a history of venting out the wrong way with each other and need some help.

Attorney Diana Whipkey Young has represented many clients who have been falsely accused of domestic violence. She understands how crucial it is to present a solid, convincing case to help ensure that justice is done and nobody suffers for something they didn’t do.

She works tirelessly at conducting all necessary investigations, getting to the root of these relationships, and working with witnesses in the cases she defends.

It is devastating enough to be accused falsely of such a crime, but to also suffer the punishment when you are innocent is the worst imaginable outcome. That’s why it is so crucial to have the best representation possible. If you decide on the Young Law Firm you will be giving yourself a great team with excellent support, who know the ins and outs of domestic violence cases. Anybody who is falsely accused of domestic violence should immediately call up a Marietta, Georgia criminal defense attorney. They will get started right away building a strong case for you.

Contact an Experienced Cobb County Restraining Order Defense Attorney

Hire yourself a Marietta, Family Law attorney to fight your charges. When you connect with the Young Law Firm you are connecting to a team that has long been recognized for professionalism and excellence in criminal law. Call US today to schedule a consultation.

At The Young Firm, we have extensive experience defending against domestic violence charges. Call us locally at 770-795-9596 to schedule your 30-minute consultation. You may also contact us online to set up your initial consultation. For your convenience, all credit cards are accepted.

Contact Info

800 Kennesaw Avenue, N.W., Suite 340, Marietta GA 30060

Phone: 770.795.9596

Fax: 770.795.9878

Web: The Young Law Firm

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Marietta GA Divorce and Family Law Attorney

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Awards

Marietta GA Divorce and Family Law Attorney