Domestic Violence Lawyer Atlanta: GA Domestic Abuse Lawyer

Atlanta Domestic Violence Lawyer – Georgia Family Violence Defense

Kohn & Yager LLC handles family violence cases throughout Fulton County and metro Atlanta. Our attorneys defend clients facing every type of domestic violence charge under Georgia law. If you have been charged with domestic violence, the first days matter. Larry Kohn and Cory Yager focus on family violence defense. Mr. Yager is a former police officer. He spent nearly ten years on the job.

Under Georgia law, family violence is defined as specific criminal offenses between listed relationships. These relationships include past or present spouses and parents of the same child. They also include parents and children. Stepparents and stepchildren qualify. Foster parents and foster children also qualify. The law covers any persons living or formerly living in the same household. The crimes on that list include any felony, battery, simple battery, simple assault, assault, stalking, criminal damage to property, unlawful restraint, or criminal trespass.

Georgia law does not recognize "emotional abuse" or "psychological abuse" as a standalone family violence category. But threats and controlling behavior may support related charges such as stalking. These charges apply when harassing and intimidating conduct creates a pattern. This pattern must place someone in reasonable fear for safety.

If the alleged victim was pregnant, the charge may be graded differently. See our page on the punishment for assaulting a pregnant woman. Anyone accused should talk to a family violence lawyer right away. Many callers worry about gun rights. Those often turn on how the criminal case ends. The statute of limitations for a felony family violence case is generally four years. The underlying misdemeanor carries a two-year limit.

This page is our practice overview. It links you to our domestic violence lawyers across the state. See the county and city pages below for details near you. For Atlanta and Fulton County cases, see our page on Atlanta Domestic Violence Attorneys.

Underlying Crimes That Constitute Family Violence in Georgia

The following criminal offenses form the basis of family violence charges when committed between qualifying relationships defined in Georgia law. Each offense carries its own elements and penalties under Georgia law.

1. Any Felony. Any felony committed between persons in the listed relationships qualifies as family violence. This broad category covers serious crimes of all types. Examples include aggravated assault and drug offenses when they occur within a domestic relationship.

2. Simple Assault. A person commits simple assault in two ways. First, they may attempt to commit a violent injury to another person. Second, they may commit an act that places another in reasonable apprehension of receiving a violent injury right away. No physical contact is required. When simple assault occurs between family or household members, it becomes a high and aggravated misdemeanor.

3. Assault / Aggravated Assault. Aggravated assault involves attacking someone with intent to murder, rape, or rob. It also covers assault with a deadly weapon or object that could cause serious bodily harm. Strangulation and discharging a firearm from a vehicle are also included. Aggravated assault is a felony punishable by 1 to 20 years in prison, or 3 to 20 years between household members.

4. Simple Battery. A person commits simple battery in two ways. First, they may intentionally make physical contact of an insulting or provoking nature with another person. Second, they may intentionally cause physical harm to another. When committed between family or household members, simple battery becomes a high and aggravated misdemeanor.

5. Battery. Battery occurs when a person intentionally causes substantial physical harm or visible bodily harm to another. Visible bodily harm includes injuries visible to someone other than the victim. Examples include substantially blackened eyes, substantially swollen lips, or substantial bruises. A first family violence battery conviction is a misdemeanor, unless the defendant has a prior forcible felony conviction between household members, which makes it a felony. A second or later conviction for family violence battery is a felony. It carries 1 to 5 years in prison whether the offense involves the same victim or a different one.

6. Aggravated Battery. A person commits aggravated battery by maliciously causing bodily harm that deprives another of a body member. It also covers harm that renders a body member useless or seriously disfigures the body. This felony carries 1 to 20 years. When committed between household members, the range is 3 to 20 years.

7. Stalking and Aggravated Stalking. Stalking means following, placing under surveillance, or contacting another person without consent. The purpose must be to harass and intimidate them. The conduct must establish a pattern that places the person in reasonable fear for safety. A first stalking conviction is a misdemeanor. A second or later conviction is a felony carrying 1 to 10 years. Aggravated stalking occurs when someone engages in stalking while violating a protective order, restraining order, bond condition, or probation or parole condition. Aggravated stalking is a felony punishable by 1 to 10 years and a fine up to $10,000.

8. Criminal Damage to Property – First Degree. First-degree criminal damage involves knowingly and without authority interfering with property so as to endanger human life. It also covers interfering by force, violence, or electronic means with critical infrastructure or a vital public service. This is a felony punishable by 1 to 10 years, and by 2 to 20 years for the critical infrastructure form.

Criminal Damage to Property – Second Degree. Second-degree criminal damage involves intentionally damaging another person's property without consent where the damage exceeds $500. It also covers recklessly or intentionally damaging property by fire or explosive. This is a felony punishable by 1 to 5 years.

9. Unlawful Restraint / False Imprisonment. False imprisonment occurs when a person arrests, confines, or detains another without legal authority. This felony carries 1 to 10 years in prison.

10. Criminal Trespass. Criminal trespass can be committed in several ways. A person may enter another's property without authority for an unlawful purpose. They may enter after notice that entry is forbidden, or remain after notice to depart. They may intentionally damage another's property without consent where the damage is $500 or less. Criminal trespass is a misdemeanor.

Sentencing for Family Violence Misdemeanors

When simple assault or simple battery occurs between household members, Georgia law classifies the offense as a high and aggravated misdemeanor. A court may suspend or probate a high-and-aggravated misdemeanor sentence. But earned time is limited. Under Georgia law, a defendant serving confinement may earn no more than 4 days per month of earned time. This slower earned-time rate means more of the sentence is actually served. Still, the judge retains full authority to impose probation instead of confinement.

Our guide to temporary protection orders in Georgia explains the order process, the 30-day hearing, and violation penalties.

For other related resources on family violence, identifying abusive behavior, and protective orders:

Georgia Network to End Sexual Assault

Georgia Coalition Against Domestic Violence (GCADV.org)

Domestic Violence Hotline Georgia (a Domestic Violence DeKalb County GA organization)

Georgia Domestic Violence Laws

Georgia Commission on Family Violence

Temporary Protective Orders (TPOs) and Restraining Orders in Atlanta

A family violence temporary protective order is a civil order issued under Georgia law. Any adult may petition the superior court. The petition must allege with specific facts that family violence has occurred. The petition must also show that family violence may occur again. If the court finds probable cause, it can issue an ex parte order immediately. This order protects the petitioner or a minor in the household.

An ex parte order takes effect before the accused responds. A full hearing follows. At that hearing, the petitioner must prove the allegations by a preponderance of the evidence. For detailed timelines and durations, see our guides: How Long Do Restraining Orders Last? Georgia Protective Order Timelines and temporary protection orders in Georgia. Our Cobb County team also handles Restraining Orders across the metro area.

Violating a temporary protective order can result in separate criminal charges. Violation may be punished as contempt of court. A violation can also elevate a stalking charge to aggravated stalking, which is a felony carrying 1 to 10 years in prison.

For anyone accused of family violence in Atlanta, the order hearing can shape the entire criminal case. Contact Kohn & Yager LLC for a free consultation if you need Atlanta restraining order lawyers. We know how the civil protective order and the criminal case affect each other.

Why Choose Our Atlanta Domestic Violence Defense Team

Domestic violence cases in Atlanta require a defense team that knows Georgia family violence law and the local courts. At Kohn & Yager LLC, our attorneys focus on Georgia criminal defense. We handle family violence charges in Fulton County State Court and Atlanta Municipal Court.

Domestic violence defense attorney Larry Kohn has worked alongside William "Bubba" Head for over 27 years. Mr. Kohn has handled more domestic violence cases than any other partner at the firm. Our attorneys know how Fulton County judges handle bond conditions, no-contact orders, and suppression motions in family violence cases. A family violence attorney who works these courtrooms can tell you what the next few weeks will look like.

A domestic violence attorney Fulton County clients hire knows how these cases begin. They typically start with a warrantless arrest. An immediate no-contact bond condition follows. A parallel order filing also occurs. The first days after an arrest are critical. A lawyer brought in early can save evidence, get ready for the order hearing, and set up the defense before formal charges are filed.

Your First Call With Our Office

Accusations of domestic violence often come out of one bad night and two very different stories. Most of our clients have never called a lawyer before. The first call is short and plain. You tell us what happened in your own words. We listen. We ask a few questions. Then we tell you where things stand and what comes next.

Bring us what you have. The paperwork you were handed when you were let go. Any date written on it. The names of people who saw what happened. Photos on your phone. Text messages. Screenshots. Save all of it. Do not delete a thing, not even the messages that look bad for you.

We will tell you which courthouse your case is in. We will tell you what to wear and when to be there. We will tell you who to call if something goes wrong on the way.

Then we give you three plain rules. Say as little as you can until we are with you. Do not reach out to the other person in the case. Do not post about it online, not once.

From there the work is ours. We ask the state for its file. We read the report line by line. We look for the video. We look for the people who were there. We look for what is missing. If the story does not hold up, we say so early and we say so loudly.

What to Ask Before You Hire a Lawyer

Hiring a lawyer is a big step, and you are allowed to shop. Ask every firm you call the same short list.

Who will actually handle my file? How often do you stand in this courthouse? What does the fee cover, and what does it not cover? How fast do you return a call? What happens after the first court date?

Write the answers down. Then call another firm and ask the same things. Those answers are worth more than anything you read on a website. When you call us, you reach a lawyer, not a sales desk.

The first call is free. Call 404-567-5515 today about any domestic violence charge.

Speak With an Atlanta Domestic Violence Defense Lawyer Today

A family violence charge in Georgia can arise from many different acts between household members. Simple assault covers an attempt to commit a violent injury or an act placing another in reasonable apprehension of one. Simple battery involves insulting or provoking physical contact, or intentionally causing physical harm. Battery addresses substantial physical harm or visible bodily harm. Any of these offenses may be charged as family violence. This applies when the offense occurs between relationships defined by Georgia law.

Our lawyers learned criminal defense from William C. Head. A lawyer is usually on call 16 to 18 hours a day. Our 24-hour answering service means calls get returned on weekends and holidays. Call 404-567-5515 anytime to discuss your case.

Every family violence case is different. The facts, the relationship, what is alleged, and the court all shape how a case may go. Depending on the facts, defenses may include self-defense, false accusations, or too little proof to back the charge. An experienced domestic violence attorney in Fulton County can evaluate the specific facts of your situation and explain your options.

Contact Kohn & Yager LLC today for a free consultation. We defend clients facing family violence charges in Atlanta, Fulton County, and throughout metro Georgia.

Domestic Violence Attorney Atlanta and Metro Georgia Locations

We take family violence cases across metro Atlanta. Pick the page closest to your court.

• Atlanta Domestic Violence Attorneys
• Marietta Domestic Violence Lawyers
• Cobb County Domestic Violence Lawyers
• Cherokee County Domestic Violence Lawyers
• DeKalb County Domestic Violence Lawyers
• Alpharetta Domestic Violence Lawyers
• Gwinnett County Domestic Violence Lawyers
• Lawrenceville Domestic Violence Lawyers
• Sandy Springs Domestic Violence Lawyers
• Smyrna Domestic Violence Lawyers
• Forsyth County Domestic Violence Lawyers

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Frequently Asked Questions

What Qualifies as Family Violence Under Georgia Law?

Under Georgia law, family violence is the commission of specific criminal offenses between listed relationships. The crimes on that list include any felony, battery, simple battery, simple assault, assault, stalking, criminal damage to property, unlawful restraint, or criminal trespass. The relationships covered include past or present spouses and parents of the same child. They also include parents and children. Stepparents and stepchildren qualify. Foster parents and foster children also qualify. Persons living or formerly living in the same household are covered. Reasonable parental discipline is excluded.

Can a Family Violence Simple Battery Conviction Be a Felony in Georgia?

Simple battery committed between household members is a high and aggravated misdemeanor, not a felony. But family violence battery can become a felony. A second or later conviction for family violence battery is a felony punishable by 1 to 5 years in prison. This applies whether the offense involves the same victim or a different one.

Can a High and Aggravated Misdemeanor Sentence Be Probated in Georgia?

Yes. A court may suspend or probate a high-and-aggravated misdemeanor sentence. The restriction under Georgia law applies to earned time during confinement. A defendant serving a confined sentence may earn no more than 4 days per month of earned time. This slower credit rate means more of a confined sentence is actually served. But the judge retains full authority to impose probation instead of confinement.

What Is the Difference Between Simple Assault and Simple Battery in a Georgia Domestic Violence Case?

Simple assault involves either an attempt to commit a violent injury or an act that places another in reasonable apprehension of receiving one right away. No physical contact is required. Simple battery requires intentional physical contact of an insulting or provoking nature, or intentionally causing physical harm. Both are high and aggravated misdemeanors when committed between household members.

How Does a Temporary Protective Order (TPO) Affect My Atlanta Criminal Case?

A temporary protective order issued under Georgia law can restrict where you live, limit contact with the alleged victim, and affect custody arrangements. Violating such an order may result in contempt charges or separate criminal prosecution. It can also elevate a stalking charge to aggravated stalking – a felony. The order hearing often occurs before the criminal case progresses. Testimony given at that hearing could affect your defense. Consult a domestic violence attorney as soon as possible after an order is filed.

What Should I Bring to My First Meeting?

Bring every piece of paper you were given. Bring your phone with the messages and photos still on it. Bring a list of the people who were there and how to reach them. Write down what you remember while it is fresh, and put the date on the page. If you are not sure whether something matters, bring it anyway.

What Does It Cost to Talk to Us About a Domestic Violence Charge?

The first call costs nothing. We will tell you what we charge, what the fee covers, and what it does not, before you sign a thing. If we are not the right fit for your case, we will say so.

Can I Bring a Family Member to the First Meeting?

Yes. Most people bring a parent, a spouse, or a close friend. We will talk with you alone for part of it. Then we bring your family back in and go over the plan together.

Are There Domestic Violence Lawyers Near Me in Atlanta?

If you searched for a domestic violence attorney near me, the location list above is the fastest way to answer that. Pick the county or the city where your case is filed. All of those pages are ours, so you reach the same criminal defense attorney team wherever your case sits in metro Atlanta.