Domestic Violence: What Could You Be Charged With?Written on August 27, 2014
Sometimes it doesn’t take much for emotions to get the better of us. Decisions made in the “heat of the moment” can often have serious repercussions. This is especially true for arguments between family members. People are arrested every day for domestic violence related charges.
If the police are called due to a domestic situation, and there is cause to make an arrest, the officers will likely arrest the primary aggressor. If the police aren’t able to determine who the aggressor was, both parties involved may be taken to jail.
An arrest due to domestic violence doesn’t always mean there was a physical altercation. There are several other charges that may also apply.
If two people are having a dispute, and one of them wants to call the police for any reason, it’s a crime in Georgia to do anything to prevent that call. Obstructing or hindering someone trying to make an emergency telephone call is a misdemeanor. This includes physically or verbally attempting to hinder the call. The charge often accompanies other domestic violence related offenses.
Another misdemeanor that is frequently seen in these cases is cruelty to children in the third degree. This doesn’t mean that any physical harm was done to the child. Instead, the law states that if a person (deemed to be the primary aggressor) has knowledge that a child under the age of 18 is present and sees or hears a forcible felony, battery or family violence battery, a cruelty to children in the third degree charge can be brought. The child doesn’t even need to be in the room for police to make this allegation. If more than one child is present, a separate charge for each child may be forthcoming.
False imprisonment is a felony that can arise if a situation becomes heated. It’s not as common as the less serious charges, but sometimes this does occur in tandem with other domestic charges. The Georgia Legal Code defines false imprisonment as violating the personal liberty of another by confinement, or detainment without legal authority. In plain terms, it means stopping somebody from leaving a room. That could include physically holding someone down or even blocking an exit to keep them from leaving. This statute also applies to preventing another from exiting a vehicle.
Domestic violence is something that should be avoided at all costs. If you are arrested, however, for any of these charges, the first thing you should do is call the attorneys at The Silverbach Group. We are available for immediate consultation and assistance. You can reach us at (770) 635-0334.