Domestic violence allegations can affect your freedom, your home, your children, and your future within hours. When the case involves family violence battery, aggravated assault, strangulation allegations, or protective-order consequences, early legal guidance matters.
If you’re searching for a domestic violence attorney near you in Atlanta, you are already taking an important first step. You don’t have to handle the situation alone. At TDE Criminal Defense Attorneys, we defend people accused of family violence battery, domestic assault, providing strategic legal guidance from your very first call.
Protect Your Freedom and Your Future
Schedule Confidential Consultation
Talk to an experienced domestic violence defense lawyer before you say anything to police or prosecutors.
Why You Need a Domestic Violence Attorney Near You
Domestic violence cases move quickly, and what happens in the first hours can shape everything that follows. Police often arrest someone at the scene, a judge can order you out of your own home, and prosecutors keep pushing even when the accuser wants to let it go.
A local domestic violence lawyer near you can step in right away, question how the evidence was gathered, and speak for you before a rushed statement makes things worse. Many clients reach out to us within hours of an arrest, and that early start often shapes the whole case.
A protective order can bar you from your own home and keep you from seeing your children while your case is pending, making your early decisions critical.
Domestic Violence Charges in Georgia: What You Are Facing
Georgia does not have a standalone crime called domestic violence. Prosecutors file specific charges under the state Family Violence Act when the accuser is a current or former spouse, a co-parent, a relative, or someone who shares or once shared your home.
What you are charged with, and how hard it hits, depends on the state’s version of events. Knowing the exact charge is where a real defense begins.
What Is Domestic Battery?
What many people call domestic battery is charged in Georgia as family violence battery under O.C.G.A. § 16-5-23.1. The offense involves intentionally causing substantial physical harm or visible bodily injury to a family or household member. A first offense is usually a misdemeanor, with up to 12 months in jail and a $1,000 fine. A second conviction becomes a felony punishable by one to five years in prison. That jump is exactly why a first arrest is not something to face alone.
Simple Battery and Simple Assault (Family Violence)
In Georgia, simple battery family violence applies to unwanted physical contact that is meant to insult or provoke another person or causes minor physical harm. Simple assault covers an attempt or threat that makes someone fear injury. Both are misdemeanors, but the family violence label stays on your record and raises the stakes on any charge that follows.
Aggravated Assault – Family Violence
If prosecutors allege that a weapon was used, strangulation occurred , or intent to cause serious injury, a domestic argument can be charged as aggravated assault under O.C.G.A. § 16-5-21, a felony that carries years in prison. These are the most serious family violence cases we handle, and they sit within our broader violent crime defense practice.
What Is Considered Domestic Violence in Georgia?
Under Georgia’s domestic violence laws, family violence reaches well past hitting someone. It includes battery, simple battery, assault, stalking, criminal trespass, unlawful restraint, and criminal damage to property between people in a domestic relationship. A shoving match, a broken phone, or one unwanted touch can lead to an arrest, even when no one is hurt. Because the definition is so broad, people are often surprised to be arrested after what felt like an ordinary argument.
Penalties and Long-Term Consequences
Whether family violence is a felony in Georgia depends on the charge. A first battery charge is often a misdemeanor, but repeat offenses, aggravated assault, and strangulation are felonies.
The consequences don’t end with the criminal sentence. A conviction can require a 24-week Family Violence Intervention Program, stripping you of your right to own a firearm. A criminal record can continue showing up on background checks for years, impacting your housing, employment, immigration status, and child custody rights.
Pleading guilty just to put the arrest behind you can create consequences that outlast the sentence, which is why it’s important to understand all of your legal options first.
How We Defend Domestic Violence Cases
An accusation is not proof. Many of these cases come down to one person’s word, a heated moment, or a police report that doesn’t tell the whole story. We dig into what happened and build a defense supported by facts, whether self-defense, a false or exaggerated claim, no real injury, mistaken identity, or a violation of your constitutional rights.
The sooner we get involved, the more we can do, from your first appearance and bond conditions to pushing for reduced charges or a dismissal.
We go through the 911 recording, body-camera footage, medical records, and the responding officers’ notes to identify gaps, inconsistencies, and contradictions that can weaken the prosecution’s case.
Why Choose TDE Criminal Defense Attorneys
TDE Criminal Defense Attorneys, P.C. is focused only on Criminal Defense across Atlanta and the surrounding counties. Since 2009, we’ve built a track record of defending clients against serious criminal charges in Georgia. Our growing team brings more than 50 years of combined courtroom experience.
Founding attorney Tessie D. Edwards has over 21 years of criminal law experience and a record of tackling hard cases head on. When your freedom is on the line, what matters most is a team that answers the phone and fights for you.
Accused? Get Defense on Your Side Now
Schedule Confidential Consultation
Talk to a domestic violence attorney near you and know your options before your next court date.
Frequently Asked Questions
Is domestic violence a felony in Georgia?
It depends on the charge. A first family violence battery or simple battery is usually a misdemeanor, while a second offense, aggravated assault, or strangulation is a felony that can carry years in prison. A lawyer can often challenge how the state classifies your case.
Can domestic violence charges be dropped in Georgia?
Only the prosecutor can drop domestic violence charges, not the accuser. Because the state brings the case, the person who called the police cannot simply call it off. Prosecutors do dismiss or reduce charges when the evidence is weak, and a defense attorney can put the facts and legal problems in front of them that make that outcome more likely.
What if the accuser wants to take it back?
Even if the accuser recants or refuses to testify, Georgia prosecutors can and often do move forward using 911 calls, photos, and other evidence. Taking back a statement can also create legal exposure for the person who made it. If either of you has questions about a statement, talk to a defense lawyer rather than contacting each other about the case.
How do I find a domestic violence attorney near me?
Look for a defense attorney who handles Georgia family violence cases regularly, can meet with you quickly, and will be straight with you about your options. We offer confidential consultations so you can get real answers before your first court date.
Contact a Domestic Violence Defense Attorney Today
A domestic violence charge can turn your life upside down, but the right response starts now, not on the courthouse steps. Whether this is a first arrest or a serious felony anywhere in Georgia, the team at TDE Criminal Defense Attorneys is ready to protect your rights and get to work on your defense.
Your Defense Starts with One Call
Schedule Confidential Consultation
Call (404) 330-8833 or request your confidential consultation with a domestic violence defense attorney near you.
