Domestic assault involves specific factors that set it apart from other types of assault. The main differentiating factor lies in the relationship between the individuals involved.
Domestic assault occurs between people who share a personal relationship, such as spouses, dating partners, cohabitants or family members. This relationship element makes domestic assault distinct from other types of assault that occur between strangers or acquaintances.
How does the law treat domestic assault differently?
One key factor in domestic assault cases is the law’s recognition of the potential ongoing nature of abuse within a household. The law treats these cases more seriously because of the intimate and often repeated interactions between the individuals. Georgia’s family violence law outlines a specific legal framework for handling cases involving family members or household members.
There are also differentiating protective measures in domestic assault cases. In these cases, courts often issue protective orders or restraining orders to prevent further contact between the involved parties. These orders aim to provide immediate safety to the affected individual while the legal process unfolds. In contrast, non-domestic assault cases may not always involve protective orders, as the threat of ongoing violence is less immediate.
What are the consequences of domestic assault?
The consequences of domestic assault also differ from other assault charges. If convicted of domestic assault in Georgia, a person may face penalties such as:
- Jail time
- Fines
- Mandatory counseling
- The loss of certain rights
In addition, a domestic assault conviction can lead to limited visitation rights if the individual has children. This can have long-lasting effects on family dynamics and child custody arrangements.
Domestic assault charges carry unique legal consequences that reflect the potential for ongoing risks. The state takes specific action to prevent future harm, but those accused of committing domestic assault still have effective options for defending themselves against the charges.