Updated August 2026
In Georgia, domestic violence within families and households can come with criminal consequences. The state takes family violence seriously, and multiple criminal charges could apply involving firearm restrictions, enhanced criminal penalties, bail requirements, and the use of restraining or protective orders. Recent changes to Georgia law also affect protective orders involving pets, family reunification programs, child-neglect allegations, and services available to survivors.
If you are facing family violence allegations, it is important to understand Georgia family violence laws and what you are going up against.
If law enforcement officers and the prosecuting attorney hope to secure your conviction, they will need to prove the elements of the offense in question beyond a reasonable doubt. By introducing supporting evidence, such as a clear alibi or an alternative defense, you may be able to clear your name of the domestic violence charges against you. Here is more about how the Georgia criminal justice system handles family violence cases.
According to O.C.G.A. § 19-13-1, family violence offenses include certain types of misdemeanor and felony crimes that involve specific family or household members. These individuals could include:
It is important to know that family violence does not generally apply to individuals who never lived together and do not share children. Georgia has separate laws that may apply in dating-violence situations. State law also excludes certain types of disciplinary measures, such as detention, corporal punishment, or restraint, from family violence laws when they constitute reasonable discipline.
The penalties associated with a family violence conviction in Georgia vary widely depending on the type of crime, the alleged victim, a defendant’s record, and other circumstances in the case. Some family violence offenses can be charged as misdemeanors or felonies, depending on the facts and applicable statute.
A conviction or pending charge may also lead to restrictive bond conditions, protective orders, firearm consequences, immigration consequences for noncitizens, and consequences in divorce or child-custody proceedings.
One of the most common types of family violence charges in Georgia is assault and battery. If you are accused of attempting to commit a violent injury or putting another person in reasonable apprehension of immediately receiving a violent injury, you may be charged with simple assault under O.C.G.A. § 16-5-20.
You could also face battery charges under O.C.G.A. § 16-5-23 if you intentionally cause substantial physical harm or visible bodily harm to another person. Simple battery, a separate offense under O.C.G.A. § 16-5-23, may involve making physical contact of an insulting or provoking nature or intentionally causing physical harm.
Family violence battery comes with harsher penalties than battery charges that do not involve family violence. While a first family violence battery offense may be tried as a misdemeanor, a second offense may be tried as a felony. This is different from traditional battery charges, which may not increase to the felony level until a defendant has been convicted for a third battery offense against the same victim.
Another charge related to family violence is stalking or aggravated stalking. This involves one party following, placing another under surveillance, or attempting to contact or contacting another without consent for the purpose of harassing or intimidating them.
A stalking offense under O.C.G.A. § 16-5-90 may be prosecuted as a misdemeanor for a first offense, while subsequent offenses can carry more severe penalties. Aggravated stalking under O.C.G.A. § 16-5-91 can include following, surveilling, or contacting an alleged victim while in violation of an existing protective order, bond condition, probation condition, or other court order. Aggravated stalking is a felony and can carry up to 10 years in prison and a fine of up to $10,000.
You could also be charged with aggravated assault under O.C.G.A. § 16-5-21 or aggravated battery under O.C.G.A. § 16-5-24.
Aggravated battery occurs when one party maliciously causes bodily harm to another by depriving them of a member of their body, rendering a member of their body useless, or seriously disfiguring their body or a member thereof. Aggravated assault can involve an assault with a deadly weapon, an object likely to result in strangulation, or other circumstances specified by statute.
These are felony-level offenses and may be punishable by up to 20 years in prison, depending on the charge and circumstances.
If someone is charged with a family violence offense, a protective order may be taken out against them. Failure to adhere to the requirements of a protective order could result in misdemeanor criminal charges under O.C.G.A. § 16-5-95. Penalties can include fines and up to 12 months in jail.
A protective order may prohibit contact with the alleged victim, require the accused to stay away from specified places, restrict access to a shared residence, and impose other conditions. Violating a protective order can also lead to aggravated stalking charges in some circumstances.
Georgia law now also allows courts to protect household pets in family violence and dating violence protective orders. A court may award care, custody, and control of a household pet and prohibit a respondent from harming, harassing, concealing, transferring, or otherwise interfering with the animal. This change is intended to prevent threats against pets from being used as a means of coercion or retaliation.
Individuals charged with family violence may be released on bail with certain restrictions. For example, when a temporary protective order is issued, judges may impose firearm-related restrictions where authorized by Georgia or federal law. These restrictions can prevent the accused from possessing, purchasing, receiving, or accessing firearms.
Firearm consequences in family violence cases can be complex and depend on the specific charge, the terms of a protective order, the person’s criminal history, and federal law. Violating an applicable firearm restriction can lead to additional criminal charges and serious penalties.
Depending on the type of family violence charge you are facing, you may be able to get out on bail. Before you can be bailed out, you will need to go before a judge who will set bond conditions. If you are arrested at night or on the weekend, you could spend several days behind bars before you can secure your release.
However, in certain types of domestic violence offenses, bond could be denied or subject to strict conditions. If you are granted bail, the alleged victim in your case may be notified. Courts may also impose no-contact requirements, stay-away provisions, electronic monitoring, counseling requirements, or firearm restrictions as conditions of release.
Georgia has recently adopted or considered several changes that may affect family violence matters, related custody disputes, and protective-order proceedings.
Georgia’s “Ethan’s Law,” HB 253, limits a court’s ability to order certain family reunification or unification programs in juvenile-court cases. The law restricts reunification services that would violate a no-contact order, place a child in unsafe or acutely distressing circumstances, or impose certain no-contact periods between a child and a parent or guardian.
Georgia also revised its definition of child neglect through SB 110, effective July 1, 2025. The updated law recognizes that parents may allow children to engage in age-appropriate independent activities when the parent reasonably believes the child has the maturity and ability to avoid a substantial risk of harm. This change may be relevant in contested family, custody, and child-welfare matters.
HB 1283 authorizes Family Justice Centers, which are designed to coordinate legal, medical, social-service, and other survivor resources. The legislation also extends the mandatory preservation period for physical evidence collected in an unreported sexual-assault case from 12 months to 10 years.
Proposed legislation, HB 1207, would create a searchable registry for certain repeat or felony domestic violence offenders. However, it should not be described as a current legal requirement unless and until it is enacted and takes effect.
Family violence and other related criminal charges may come with harsh penalties that continue to follow you for the foreseeable future. Your best option may depend on the allegations, available evidence, criminal history, bond conditions, protective-order issues, and the strength of the prosecution’s case.
You are well within your rights to work with a public defender. However, a private criminal defender may have additional time and resources to investigate the allegations, challenge the State’s evidence, negotiate with prosecutors, and prepare the case for trial.
Discuss potential adverse consequences and potential defense strategies with a private criminal defender who can evaluate the facts of your case and help you determine the next steps.
