Cobb County Domestic Violence Attorneys
Protecting Your Rights Against Domestic Violence Charges in Smyrna, Kennesaw, Acworth, & Paulding County
Law enforcement treats domestic violence allegations more seriously now than in recent decades. In the past, police often simply removed the abusing spouse temporarily from the home without an arrest. Today, to stem the violence through early and frequent intervention, most calls to the police for domestic abuse result in arrest, beginning a frightening legal process.
As Cobb County domestic violence and abuse attorneys who have prosecuted and defended these sensitive cases, we understand the difficulties you face in these matters. Our team knows that false allegations often stem from one party attempting to gain an advantage in a heated divorce, child custody battle, or for other reasons. However, once someone brings family violence charges, an almost unstoppable legal process begins, even if the alleged victim later wishes to drop all charges.
Smith, Schnatmeier, Dettmering, & Kilgo, LLP, has defended clients charged with both misdemeanor and felony assault charges, quite often in cases where the alleged victim refuses to press charges. You can rely on our significant experience in this area of criminal defense. We can thoroughly review your case and provide options that best fit your individual needs and the facts of your case. Our team will always work to get charges dismissed or reduced and/or arrange plea agreements where appropriate. We will also take your case to trial if that is the right path for advancing your best interests.
Have you been arrested for domestic violence? Call Smith, Schnatmeier, Dettmering & Kilgo, LLP. today at (770) 599-5328 or contact us online to schedule a free consultation with our domestic violence lawyers in Cobb County.
Understanding Domestic Violence Charges in Georgia
Domestic violence is described in § 19-13-1 of the Georgia Code. Crimes committed on the domestic level generally are punished more harshly than the same offenses committed against non-family members. These are crimes committed against spouses, former spouses, children, parents, current or former household members, stepchildren, stepparents, foster parents, foster children, and those who have a child in common, regardless of marital status.
In this context, family violence can include any misdemeanor or felony for such crimes as:
The charges you face will depend on the unique circumstances of your arrest, any harm involved to alleged victims, and your prior convictions, if any.
Assault & Battery in Domestic Abuse Cases
Assault and battery are common charges in domestic abuse cases. Simple assault consists of attempting to injure the alleged victim or putting him/her in fear of imminent harm. Simple battery occurs when you intentionally make physical contact with the alleged victim in a provocative way or by causing that person harm.
- These “simple” charges can result in up to 12 months of jail time and a fine of up to $5,000.
- Where an alleged victim is visibly injured, you can face battery charges, also punishable by up to 12 months in jail. However, if you have a prior domestic battery conviction, the current charge generally becomes a felony punishable by one to five years in prison.
- Even more serious charges include aggravated assault or battery; these generally involve the use of a deadly weapon or the use of anything to cause strangulation. These aggravated charges are felonies that are punishable by three to 20 years of prison time.
The Right Choice for Your Defense
-
Constant Contact with Client
-
Results Oriented
-
Personalized Attention
-
100+ Years of Combined Experience
Client Experiences
Hear from those we've represented in their legal battles.
-
Thank you, Ben Smith, for your time, knowledge, and your thoroughness and wisdom
Former Client -
Ben, I was very impressed with how you handled everything.
Jeff -
Mr. Schnatmeier made the experience as painless as possible. He was very responsive and I was pleasantly surprised by how available he was.
Anonymous
Building a Strategic Defense For Domestic Violence Charges
Successfully defending against domestic violence charges in Georgia requires a multifaceted and aggressive approach, focusing on undermining the prosecution's evidence and asserting your constitutional rights.
- Self-Defense / Defense of Others: Argue that your use of force was a justified and reasonable response to protect yourself or another from imminent unlawful force.
- False Accusations / Fabricated Allegations: Thoroughly investigate the accuser's credibility and motives for lying, highlighting inconsistencies in their statements.
- Accident: Contend that any alleged injury was purely accidental and not the result of intentional or reckless conduct.
- Lack of Intent (for intentional crimes): Argue that your actions lacked the specific criminal intent required for the underlying crime.
- Insufficient Evidence: Highlight weaknesses, inconsistencies, or a lack of credible evidence from the prosecution to argue for a dismissal or acquittal.
- Constitutional Violations: File motions to suppress any evidence obtained in violation of your Fourth (unlawful search/seizure), Fifth (right to remain silent, coerced confessions), or Sixth (right to counsel) Amendment rights.
Frequently Asked Questions
What should I do if I am falsely accused of domestic violence in Cobb County?
If you've been falsely accused, contact a domestic violence defense attorney immediately. Avoid all contact with the accuser and begin gathering evidence—texts, emails, witness accounts—that could prove your innocence. At Smith, Schnatmeier, Dettmering & Kilgo, LLP, we respond quickly to protect your rights and build a strong defense before the case escalates.
What is a protective order?
One of the penalties you commonly face in family violence cases includes Protective Orders, also known as restraining orders. The alleged victim can petition the court for these orders on a temporary or more permanent basis.
Such orders can require you to:
- Stop any further abuse
- Stay a certain distance away from the alleged victim and children
- Vacate your home
- Pay temporary child support
- Limit your ability to see your children
- Refrain from possessing firearms
- Pay attorney fees and court costs
- Adhere to any other restrictions the court finds appropriate
These orders can profoundly impact your life in many ways, economically, socially, and as a parent. Furthermore, because the state retains the right to proceed with charges despite what the alleged victim says, those falsely accused are placed in a difficult situation. Our team understands these challenges and how to develop an effective defense strategy on your behalf.
Will a domestic violence conviction affect my custody rights?
A domestic violence conviction can significantly impact your parental rights and may lead to restrictions or loss of custody. Family courts take these charges seriously, especially when children are involved. We work not only to defend your criminal case but also to protect your standing in any related custody proceedings.
Can I be arrested even if the alleged victim doesn’t want to press charges?
Yes, in Georgia, the decision to file or pursue charges lies with the prosecutor, not the victim. Even if the accuser asks to drop the case, the state may still proceed. That’s why it’s essential to have a defense attorney who can challenge the evidence and advocate for you in court.
Should I speak to the police if I'm accused of domestic violence?
You have the right to remain silent, and you should use it. Do not speak with law enforcement without legal representation. Anything you say can be used against you. Our legal team can communicate on your behalf and ensure your rights are not violated during the investigation.
How can Smith, Schnatmeier, Dettmering & Kilgo, LLP help me if I’m facing a domestic violence charge?
We provide comprehensive legal support from the moment you’re accused. This includes gathering evidence, challenging the prosecution’s case, negotiating for reduced charges, and defending you at trial if necessary. With a deep understanding of Cobb County’s legal system, we tailor each defense to maximize your chances of a favorable result.
Contact Our Domestic Violence Lawyers in Cobb County Today
If you are accused of domestic violence in or around Cobb County, it is critical that you take the charge seriously and call us as early as possible. Early intervention may result in formal charges never being filed or dropped. Our firm provides aggressive criminal defense representation in these crucial matters; the sooner you contact us, the earlier we can get to work in helping you reach the best possible outcome.
Get legal support from trusted Cobb County domestic violence attorneys committed to protecting your freedom. Schedule your consultation today by calling (770) 599-5328 or reaching out online.
