Common Misconceptions About Domestic Violence Charges

Domestic violence pervades every state in the nation, breaking up families and endangering lives. Domestic violence deaths in Georgia are currently at a 10-year high, with 139 related deaths in 2015. At least 12,000 Georgian children face exposure to domestic violence every year – many of which witness the homicides of their parents or caregivers. Educating people about domestic violence and debunking common misconceptions can help put an end to this tragedy.

WOMEN ARE THE ONLY VICTIMS

While females do make up the majority in Georgia – 85% of domestic violence cases are male against female – men are not immune. Domestic violence victimizes men, women, children, and the elderly. Men are often afraid to speak up about domestic violence because of the stigma that women are the only victims. Any pattern of abusive behavior in a relationship constitutes domestic violence, no matter who the victim is.

DOMESTIC VIOLENCE IS ONLY PHYSICAL

There are many types of domestic violence. Understanding what defines this type of abuse can help you escape a situation you may not have known was technically domestic violence. Abusive tactics in domestic relationships can include sexual violence, mental and emotional abuse, intimidation, isolation, economic/financial abuse, reproductive coercion, and stalking. Any abusive behavior one partner uses to gain control and power over the other may be considered domestic violence.

VICTIMS CAN JUST WALK AWAY

A major misconception hovering around domestic violence is the assertion that abused victims can simply leave or walk away from the relationship. Unfortunately, this is not typically the case. There are many factors that may trap a person in an abusive relationship, including children, financial barriers, and pressure from others. In many cases, the victim still loves the abuser and continues to forgive them despite domestic violence. Whatever the case may be, many men and women involved in domestic violence remain victims well after the first attack.

CALLING THE POLICE WON’T RESULT IN AN ARREST

In Georgia, it’s a police officer’s legal duty to make an arrest if the officer has probable cause to believe the person has committed an act of domestic violence – regardless of what the victim claims. Even if both parties involved say they do not want the incident to result in an arrest, it is not their decision. Once someone calls the police and claims domestic violence, whether an arrest happens is in the hands of state law enforcement.

I CAN DROP A DOMESTIC VIOLENCE CLAIM AT ANY TIME

Domestic violence is not a charge a person should claim loosely. One of the biggest misconceptions about the laws in Georgia is that a victim can drop a domestic violence charge at any time. A person may call the police in the heat of the moment, but later regret his/her actions. However, once the police get involved, it’s no longer up to the victim if the case proceeds. It’s in the hands of the law. The state can press charges against your domestic partner, even if you wish the case dropped.

DOMESTIC VIOLENCE IS ONLY A MISDEMEANOR

Georgia classifies most domestic violence or assault and battery convictions as misdemeanors, punishable with a maximum of 12 months in jail, a $1,000 fine, or both. However, the law will charge domestic violence as a felony if the perpetrator has had prior family violence or battery convictions. The courts may also consider violence against pregnant women, people over the age of 65, and public school employees a felony. A domestic violence felony charge can result in up to five years in prison and hefty fines.

I CAN FIGHT A DOMESTIC VIOLENCE CHARGE ON MY OWN

In Georgia, the courts take domestic violence cases very seriously. It’s not wise to represent yourself in these delicate cases. If you’re a defendant in a domestic violence case, protect your rights by hiring a Savannah domestic violence lawyer. A skilled lawyer by your side may be able to help you avoid or reduce the penalties for a domestic violence or assault and battery conviction.