Alpharetta Family Violence Defense Lawyer

Family violence arrests happen fast. An argument gets loud, someone calls 911, and officers walk into a situation they know nothing about. Within the hour, one person is usually headed to jail. By the next morning there may be a court order keeping that person out of their own home and away from their own kids.

If that is where you are right now, Cullen Law can help. We are a criminal defense firm based in Alpharetta, and we defend people charged with family violence offenses in courts all over Georgia. You won’t be passed off to an associate or a case manager. You will work directly with attorney Charles Cullen from the first phone call to the end of the case.

What “Family Violence” Means Under Georgia Law

Georgia doesn’t have one crime called “family violence.” The label attaches to certain offenses when they happen between certain people. Under O.C.G.A. § 19-13-1, those relationships include:

• Current or former spouses
• People who have a child together
• Parents and children
• Stepparents and stepchildren
• Foster parents and foster children

The offenses that qualify include any felony, plus battery, simple battery, simple assault, assault, stalking, criminal damage to property, unlawful restraint, and criminal trespass. Reasonable discipline of a child by a parent is not included.

That definition reaches further than most people expect. A parent and an adult child sharing a house can end up on opposite sides of a family violence case. 

Common Family Violence Charges and Penalties

Simple Assault and Simple Battery

Simple assault covers trying to cause a violent injury, or doing something that puts another person in reasonable fear of one. Simple battery covers intentional contact of an insulting or provoking nature, or intentionally causing physical harm. When either happens between the people listed above (siblings are excluded for these two offenses), Georgia treats it as a misdemeanor of a high and aggravated nature (O.C.G.A. §§ 16-5-20(d), 16-5-23(f)). That classification allows up to 12 months in jail, a fine of up to $5,000, and limits on the jail credit a person can earn (O.C.G.A. § 17-10-4).

Family Violence Battery

Battery is more serious than simple battery. It requires intentionally causing substantial physical harm or visible bodily harm, and the statute gives examples like a substantially blackened eye, a swollen lip, or substantial bruising. Between household members, it becomes family violence battery under O.C.G.A. § 16-5-23.1(f):

• A first conviction is generally a misdemeanor.
• A second or later conviction, against the same person or anyone else, is a felony carrying one to five years in prison.
• Even a first offense can be a felony if the person has a prior conviction for a forcible felony against a household member.

Cruelty to Children in the Third Degree

Prosecutors often add this charge when children were in the home. It applies when the primary aggressor knows a child under 18 is present and the child sees or hears a battery, family violence battery, or forcible felony (O.C.G.A. § 16-5-70(d)). A first or second conviction is a misdemeanor. A third is a felony.

Felony Family Violence Charges

Because any felony between household members counts as family violence, charges like aggravated assault or aggravated battery can carry the family violence label as well. These cases are prosecuted in superior court and can mean prison time.

Violating Bond Conditions or a Protective Order

Knowingly violating a stay-away or no-contact term in a protective order, a pretrial release order, or a probation order is its own offense (O.C.G.A. § 16-5-95). If the contact is made to harass and intimidate the other person, prosecutors can charge aggravated stalking, which is a felony carrying one to ten years (O.C.G.A. § 16-5-91).

After a Family Violence Arrest: Jail, Bond, and No-Contact Orders

Georgia allows officers to arrest without a warrant when they have probable cause to believe an act of family violence happened (O.C.G.A. § 17-4-20(a)). Officers are not supposed to base that decision only on what the alleged victim wants (O.C.G.A. § 17-4-20.1(a)). So a spouse telling the officer “I don’t want anyone arrested” does not settle the question.

When both people are hurt or both are making complaints, officers are supposed to identify the “predominant aggressor,” meaning the person who poses the most serious ongoing threat. The statute tells them to weigh prior history, whether injuries look offensive or defensive, threats, and whether anyone acted in self-defense (O.C.G.A. § 17-4-20.1(b)). Officers must also write a Family Violence Report, and a person arrested for family violence can ask to review and copy it (§ 17-4-20.1(c)–(d)). That report, together with body camera video and the 911 call, is often where a strong defense begins.

After a warrantless family violence arrest, the person can’t be released on bail until they have been brought before a judicial officer (O.C.G.A. § 17-6-1(b)(2)(B)). That is why so many people spend at least one night in jail. Bond in these cases commonly comes with no-contact and stay-away conditions, and those conditions bind you even if the other person wants you to come home. Cullen Law can ask the court to modify bond conditions so you can get back to your home, your children, and your job.

Temporary Protective Orders (TPOs) in Georgia

A TPO is a civil case, separate from any criminal charge, and it runs on its own clock. The person asking for protection files a sworn petition in superior court. If the petition lays out specific facts showing probable cause that family violence happened and may happen again, a judge can issue a temporary order right away, before you have any chance to respond (O.C.G.A. § 19-13-3(b)).

The law calls for a hearing within ten days or as soon as practical after that, and no later than 30 days after the petition is filed. At the hearing, the petitioner has to prove the allegations by a preponderance of the evidence (O.C.G.A. § 19-13-3(c)).

A protective order can do much more than tell someone to stay away. Under O.C.G.A. § 19-13-4(a), the judge can:

• Remove a person from the home
• Set temporary custody and visitation
• Order child support or spousal support
• Decide who keeps household pets and personal property
• Award attorney’s fees
• Order psychiatric or psychological services

An order can last up to one year, and the judge can later convert it to a three-year or permanent order (O.C.G.A. § 19-13-4(c)). It is enforceable anywhere in Georgia. Georgia law also directs the judge to order the respondent into a Family Violence Intervention Program unless the judge explains on the record why that isn’t appropriate (O.C.G.A. § 42-8-35.6(b)).

The hearing matters. An order entered after a hearing can trigger a federal firearms ban (more on that below), and what you say on the stand can come up again in a related criminal case. As an Alpharetta criminal defense firm, Cullen Law prepares for TPO hearings the way we prepare for trial. When it serves the client, we also negotiate consent agreements with narrower terms, which the statute allows.

The Family Violence Intervention Program (FVIP)

When a judge sentences someone to probation for a family violence offense, Georgia law requires the person to complete a certified Family Violence Intervention Program unless the court states on the record why it isn’t appropriate (O.C.G.A. § 42-8-35.6(a)). The defendant pays for the program. For someone who is indigent, the cost is set on a sliding scale based on ability to pay (§ 42-8-35.6(d)).

Consequences That Last Beyond the Case

Gun Rights

Federal law makes it a crime for someone convicted of a “misdemeanor crime of domestic violence” to possess a firearm or ammunition (18 U.S.C. § 922(g)(9)). It also bars possession by a person subject to certain protective orders that were issued after a hearing with notice and that protect an intimate partner or that partner’s child (18 U.S.C. § 922(g)(8)). In Georgia, a person covered by those federal bans can’t be issued a weapons carry license, and an existing license can be revoked (O.C.G.A. § 16-11-129(b)(2)(E), (e)). For hunters, gun owners, and people who carry for work, this is often the biggest issue in the whole case.

Child Custody

In a custody case, a Georgia judge may consider any evidence of family violence. Once the judge finds that family violence occurred, the safety and well-being of the child and the parent who was the victim become the primary considerations, and the judge can order supervised visitation (O.C.G.A. § 19-9-3(a)(3)(P), (a)(4)). A plea in criminal court can shape what happens in family court, so both cases have to be handled with the other in mind.

Immigration

For someone who isn’t a U.S. citizen, a conviction for a crime of domestic violence after admission can make them deportable. So can a court finding that they violated certain protective terms of a protection order (8 U.S.C. § 1227(a)(2)(E)). If you aren’t a citizen, tell your lawyer before any plea is discussed. We work with immigration counsel when a case calls for it.

First Offender Sentencing

Some people may qualify for sentencing under Georgia’s First Offender Act. A person who completes a first offender sentence is exonerated of guilt and is not considered to have a criminal conviction under Georgia law (O.C.G.A. § 42-8-60(e), (i)). It isn’t available to anyone with a prior felony conviction or for certain listed offenses, and it can only be used once (§ 42-8-60(a), (j), (l)). Whether it’s the right choice depends on the whole picture, including firearm and immigration questions.

Family Violence Cases Involving Neurodivergent Family Members

Some of the hardest family violence cases begin with a family asking for help. A mother calls 911 because her adult son with autism is in the middle of a meltdown. Officers arrive, see a hole in the wall or a shove, and the parent who made the call is suddenly the named victim in a criminal case she never wanted.

Cullen Law focuses a significant part of its criminal defense practice on clients with autism, ADHD, intellectual disabilities, and other neurodivergent conditions, and on working closely with their families. A sensory overload, a shutdown, or a flat answer to an officer’s question can look like aggression or a lack of remorse to someone who doesn’t know the person. With the client’s permission, we explain that history to prosecutors and judges and push for outcomes that fit the real need, like treatment, support services, or bond conditions that keep the family together safely. From our Alpharetta office, we also keep families informed at every step, because in these cases the family is often both the complaining witness and the client’s main support.

How Cullen Law Defends Family Violence Cases

• Getting the evidence early: the Family Violence Report, body camera video, 911 audio, photographs, and text messages
• Testing the arrest, including whether officers had probable cause and how they handled the predominant aggressor question
• Raising self-defense or defense of others where the facts support it
• Asking the court to modify bond conditions that keep you out of your home or away from your kids
• Preparing for the TPO hearing and coordinating it with the criminal case
• Negotiating with prosecutors, and going to trial when that is the better path

Every case is different, and no lawyer can promise a particular result. What you can count on at Cullen Law is that the attorney you hire is the attorney who knows your file and shows up in court.

Family Violence Defense Throughout Georgia

Our office is in Alpharetta, but Cullen Law handles family violence cases in every county in Georgia, whether your case is in Fulton, Gwinnett, Dekalb, Cobb, or a courthouse on the other side of the state. Bond conditions and protective order deadlines start running almost immediately after an arrest, so the sooner you call, the more options you are likely to have.

If you or someone in your family has been arrested for family violence, or you have been served with a TPO, contact Cullen Law today. Call (404) 492-9852 or email charles@cullenlawoffice.com to speak with an Alpharetta criminal defense attorney about your case.

Family Violence FAQs

Can the alleged victim drop family violence charges in Georgia?

Not on their own. Officers are not supposed to base the arrest decision on whether the alleged victim wants charges (O.C.G.A. § 17-4-20.1(a)), and once a case is filed, the prosecutor decides whether it goes forward. What the alleged victim wants can still carry real weight in negotiations, and a criminal defense attorney can make sure the prosecutor hears it the right way.

Is family violence battery a felony in Georgia?

A first conviction is usually a misdemeanor. A second or later conviction is a felony with one to five years in prison, and a first offense can be a felony if the person has a prior forcible felony conviction against a household member (O.C.G.A. § 16-5-23.1(f)).

How long does a TPO last in Georgia?

A temporary order issued before the hearing stays in effect until the hearing or until the court dismisses it. After a hearing, a protective order can last up to one year, and a judge can convert it to a three-year or permanent order (O.C.G.A. §§ 19-13-3(b), 19-13-4(c)).

Can I go home after I bond out?

Only if your bond conditions and any protective order allow it. Many family violence bonds bar contact with the alleged victim and the shared home, and violating those terms can lead to a new charge. Cullen Law can ask the court to change conditions that don’t fit your situation.

Will a family violence charge affect my gun rights?

It can. Federal law bars firearm possession after a conviction for a misdemeanor crime of domestic violence, and while a person is subject to certain protective orders entered after a hearing (18 U.S.C. § 922(g)(8)–(9)). Georgia won’t issue a weapons carry license to anyone covered by those federal bans (O.C.G.A. § 16-11-129(b)(2)(E)).

Do I need a lawyer for a TPO hearing?

You aren’t required to have one, but the stakes are high. The order can control where you live, when you see your children, and whether you can have a gun, and your testimony can be used in a related criminal case. An Alpharetta criminal defense lawyer can help you get the best possible outcome.

What should I do right after a family violence arrest?

Follow every bond condition exactly. Don’t contact the other person, directly or through friends or social media, unless your bond allows it. Don’t post about the case. Write down what happened while it’s fresh, and talk to a criminal defense attorney before your first court date.

This page provides general information about Georgia law and is not legal advice. Reading it does not create an attorney-client relationship. Every case is different, and no attorney can guarantee a particular outcome.