It is not uncommon for someone facing criminal charges in the state of Georgia to also find that they have violated the “乔治亚州家庭暴力法”. The 乔治亚州家庭暴力法 is an additional consideration for a specific category of criminal acts that take place between certain family members and relationships. Violent crimes such as battery and assault (both felony and misdemeanor) are the most obvious ones that may be violations of the 《全球网堵十大网站》, 但非暴力犯罪也可能属于这一类. 毁坏财产等犯罪行为, 跟踪, and false imprisonment are just a few possible non-violent crimes that can also violate the act. 另外, any felony that were to take place between a defendant and victim that are determined to have a relationship that is categorized as family violence could violate the act.
但违反这一规定对你来说意味着什么? 通常, the most important and concerning aspect of a violation of the 《全球网堵十大网站》 is simply that the potential penalties for conviction become more severe than a non-family violence offense. It may also mean that certain additional defenses go into effect to better protect the family from the offender, such as protective orders against abusers or stay away conditions which would prevent you from going home while charges are pending. There are many other conditions and stipulations that may come into play on a case by case basis.
那么你怎么知道你的指控是否违反了《全球网堵十大网站》? The good news is Georgia’s code defines very specifically what groupings of people would be considered in violation of its 《全球网堵十大网站》, 如:
There’s a good chance that your pending charge will violate this act if you and your victim share one of these relationships. It is worth noting that the Georgia Code for the 《全球网堵十大网站》 expressly excludes “reasonable discipline” of a child by a parent. 这种排除在合理范围内也适用于体罚. The other interesting dynamic that many people fail to realize is that there is no requirement for a literal family relation to violate the act. 室友, 继父母, and foster homes are frequently caught off guard when their cases are found to have violated the 《全球网堵十大网站》.
如前所述, convictions of violations of the 《全球网堵十大网站》 typically elevate the severity of punishment for any given case. A misdemeanor battery or assault case that is non-family violence would carry maximum penalties of 12 months in jail or a $1,罚款或两者兼收. 第一次家庭暴力犯罪也是如此. 然而, 问题是随后的家庭暴力定罪, 即使是轻罪, 进行更严重的处罚. 第二次家庭暴力可能会被判5年监禁, 即使最初的指控是轻罪.
类似的, simple assault cases against a non-family violence victim would typically be considered your basic misdemeanor. A family violence simple assault is elevated to what is called a misdemeanor of a high and aggravated nature. 严重轻罪的监禁时间最多为一年, 然而，在这一类别下，罚款可以增加到惊人的5美元,000.
The third consideration of family violence cases addresses how they may come to be in the first place. It’s important to understand that law enforcement officers have an additional mandatory course of action in the event that they suspect family violence may have occurred. An officer’s decision of whether they arrest and charge someone they suspect of family violence is much less up to reason than a non-family violent charge, meaning that when they have reason to believe a crime of family violence has taken place they must act accordingly by taking the Defendant into custody. No amount of pleading nor reasoning from a victim can alter the arresting officer’s actions once family violence has been confirmed.
Protective orders are commonly an indirect consequence of a violation of the 《全球网堵十大网站》. Whether it’s for a victim’s own protection or someone else’s (their child, a family member, etc.)，以家庭暴力为基础寻求保护令. A hearing on the petition must be held within 30 days of the filing of the petition unless the parties agree to hold the hearing later than 30 days from the filing. Whether or not a Defendant chooses to contest or ignore a protection order is determined on a case by case basis. It is typically determined by what the potential outcome of such an order would have on the Defendant of the petition. Typical conditions of allowing the order to go into effect would be restraint from harrassing or interfering with the victim, 没有和死者或死者家属联系, 或者暂时离开共同居住的地方.
当涉及到儿童时，保护令尤为重要. Protective orders can be made to create or modify child custody and support arraignments. Other common but less considered outcomes of a protective order could be requirements that the respondent complete substance or mental health evaluations. 家庭暴力保护法案有效期为一年, but can be extended through further petitions to the court or even made permanent in some cases.
家庭暴力案件的性质通常非常复杂. The passion that comes from a familial relationship often complicates and deepens the stakes of cases that violate the 《全球网堵十大网站》. 像这样, it is critical to understand your position and your rights when facing charges that are accompanied by such a violation. We look forward to coming up with a plan to defend you and your family in these circumstances. 今天就打电话给我们.