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People facing domestic violence allegations in Ringgold may be frightened and confused. They may wonder why they are under arrest and what the consequences could be. They may also be concerned as to how this arrest will affect their family life.
Simply put, allegations of domestic violence have the potential to affect every portion of a person’s life. Even an arrest could allow a court to issue a protective order that prohibits the defendant from contacting the alleged victim for the length of one year. If the case ends with a conviction, this order may become permanent.
A Ringgold domestic violence lawyer could help individuals facing accusations of committing violence against a family member. Attorneys could help explain why the case falls under the category of domestic violence and to develop a defense designed to defeat the charges in court.
In general terms, the concept of domestic violence describes a violent or threatening act directed towards a family member. However, the actual definition is more nuanced. The State of Georgia uses the term family violence to include allegations of misdemeanor battery, assault, stalking, criminal damage to property, or unlawful restraint. This definition also includes all felony offenses.
The distinction between family violence and any other form of violence, battery, or assault in Ringgold is the target of the alleged offense. These targets can include past or present spouses, parents, children, and any person currently or formerly living in the same household. The first step to mounting a defense against domestic violence accusations is to question whether the incident falls under this definition. A Ringgold domestic violence attorney could provide more information about how the law defines an incident of domestic violence.
The primary concern when facing allegations of domestic violence is defeating the core criminal charge. However, defendants can face serious consequences before the case comes to a conclusion. The alleged victim of family violence may petition the court to grant a temporary protective order, known in Ringgold as a family law protective order. If the court believes that the supposed victim reasonably fears for their safety, they may issue an order requiring the defendant to remain out of contact for up to 30 days. This could require the accused to move out of a home and cease contact with their children.
At the same time, the court will schedule a formal hearing to determine the merits of the protective order. At this hearing, both parties will have an opportunity to present evidence as to why the order may be justified or inappropriate. This hearing must take place within 30 days of the creation of the initial order. If a judge believes that there is still a threat of violence, the order could then be extended to the length of one year.
Allegations of domestic violence occupy a unique place in Ringgold’s criminal courts. Normally, a court can only order a punishment upon conviction for an offense. However, the mere allegation of family violence could result in the imposition of protective orders, potentially throwing your life into chaos. While you may have little say over whether a temporary order goes into place, you have the right to make an argument concerning the extension of these orders into the future.
A Ringgold domestic violence lawyer may be able to help you protect your rights and to develop a potent legal strategy. Reach out to a Ringgold domestic violence lawyer quickly, as the date to counter the creation of a protective order is fast approaching.