Family Violence Charges in Georgia - Laws, Penalties, and What Qualifies 

Family violence in Georgia refers to specific criminal offenses committed between people in certain domestic or household relationships. While “family violence” is not a stand-alone crime, it is a legal designation that triggers harsher penalties, mandatory protective orders, firearm restrictions, and lasting criminal consequences.

If you've been arrested or investigated for domestic violence in Georgia, understanding what qualifies as family violence, and how these cases are prosecuted, is critical. Our team of Georgia Criminal Defense Attorneys have been defending Georgia citizens for over 30 years. Being charged with a crime does not mean you will be convicted! There are always defenses our skilled team can use. Call now for a free case evaluation. 

Who Qualifies as a “Family or Household Member” in Georgia?

Georgia law applies the family-violence label when the people involved are:

• Spouses or former spouses

• Parents and children

• Stepparents and stepchildren

• Foster parents and foster children

• Parents of the same child

• People who live or formerly lived together

When a qualifying criminal offense happens between people in one of these relationships, it becomes a family violence case.

Family Violence Crimes in Georgia 

Family violence in Georgia occurs when certain criminal offenses are committed against a spouse, former spouse, child, parent, partner, or household member. While family violence is not a separate crime, it dramatically increases the penalties for many offenses and triggers mandatory protective orders, firearm restrictions, and long-term legal consequences. For example, aggravated assault with intent to murder in a family violence context can result in five to twenty years imprisonment. 

Simple Assault 

Simple assault includes attempting to cause violent injury or placing someone in reasonable fear of immediate harm. This can occur even without physical contact.

Examples

• Threatening to hit a spouse during an argument

• Raising a fist or moving aggressively toward a partner

• Blocking someone in a room while threatening violence

If the alleged victim is a household or family member, this becomes family violence simple assault, often leading to arrest and a no-contact order. As an aside, Georgia does not have a basic assault statute. It is either simply assault or aggravated assault. 

The penalties include jail time, fines, family-violence protective order, and the possibility of firearm restrictions. In addition, a conviction remains permanently visible as domestic violence.

Simple Battery & Battery 

Simple battery involves unwanted physical contact of an insulting or provoking nature, or causing minor injury. Battery involves more serious or visible harm.

Examples

• Pushing a partner during a dispute

• Slapping or grabbing a spouse

• Throwing something that strikes a family member

The penalty for simple battery and battery can greatly vary depending on the circumstances but common consequences include jail time, fines, and family-violence counseling.

Criminal Trespass 

Criminal trespass includes entering or remaining on property without permission or damaging property.

Examples

• Returning to the home after being told to leave

• Entering a partner's apartment after a breakup

• Smashing a door, window, or personal items

When this occurs between domestic partners or household members, it becomes family violence criminal trespass. The penalties for criminal trespass can include jail time, fines, no-contact orders, and possible eviction from the residence.

Criminal Damage to Property 

Criminal damage to property involves intentionally damaging or destroying a family member's property.

Examples

• Breaking a spouse's phone during an argument

• Keying a partner's car

• Punching holes in the walls of a shared home

If the property belongs to a family or household member, the offense qualifies as family violence. Common penalties for criminal damage to property include fines and jail time. 

Aggravated Assault 

Aggravated assault is a felony involving a deadly weapon, serious bodily injury, or intent to commit a violent crime. Aggravated assault involving family members is prosecuted extremely aggressively. 

Examples

• Pointing a gun at a spouse

• Attacking a partner with a knife or blunt object

• Using a vehicle to threaten or strike someone

When the victim is a family or household member, the charge becomes family violence aggravated assault. The penalties for aggravated assault with a family member are escalated and can include lengthy prison terms, a mandatory firearm ban, and long-term protective orders. 

Aggravated Battery 

Aggravated battery involves severe injuries or permanent disfigurement. The penalties can be severe if convicted including long prison terms, permanent criminal record, and a firearm prohibition. 

Examples

• Breaking bones

• Knocking out teeth

• Causing permanent scarring or loss of bodily function

Stalking & Harassing Communications

Repeated unwanted contact intended to intimidate, threaten, or harass can qualify as family violence.

Examples

• Repeated texts or calls after being told to stop

• Showing up at a former partner's home or workplace

• Tracking or surveilling a spouse or ex

Stalking charges often accompany protective orders and can escalate to felony charges including prison time. 

Murder 

When a killing occurs between spouses, partners, parents, or household members, it is treated as family-violence murder.

Examples

• Fatal altercations during domestic disputes

• Deaths resulting from ongoing domestic abuse

• Accidental deaths during violent arguments

These cases carry Georgia's most severe penalties, including life imprisonment, life without parole or the death penalty. 

Is Aggravated Assault Considered Family Violence in Georgia?

YES. Aggravated Assault is absolutely considered family violence when it is committed against a spouse, partner, parent, child, or household member.

Because aggravated assault involves deadly weapons or serious injury, family-violence aggravated assault is one of the most aggressively prosecuted crimes in Georgia. A conviction can lead to years in prison, permanent firearm bans, and lifelong consequences.

Why the Family Violence Label Matters

Once a case is designated as family violence, Georgia law requires additional penalties, including:

• Mandatory protective or restraining orders

• Removal from the home

• No-contact conditions

• Surrender of firearms

• Court-ordered counseling or treatment

• Enhanced punishment for any future allegations

Even a misdemeanor can follow you for life when labeled as domestic violence.

Frequently Asked Questions

Can family violence charges be dropped if the victim wants to?
No. Only the prosecutor can dismiss a case. Even if the alleged victim recants, the State can continue prosecution.

Will I have to leave my home?
In many cases, judges issue immediate protective orders forcing one party to move out—even if they own the property.

Can I still own a gun?
A family violence conviction or protective order can permanently restrict firearm possession.

Is a first offense serious?
Yes. Even a first-time family-violence arrest can result in jail, probation, and a permanent record.

Contact Our Georgia Criminal Defense Lawyers Today

Family violence charges move fast and carry devastating consequences. Police are trained to make arrests in domestic disputes, and prosecutors often pursue convictions even without a cooperating witness.

If you are facing family violence charges in Georgia, our experienced Georgia criminal defense lawyers can protect your rights, challenge the evidence, and fight for the best possible outcome.