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THE 'CRIME'
OF FAMILY VIOLENCE
DOES NOT EXIST IN GA
There
is not a crime in Georgia called Family Violence. Rather, The Family
Violence Act covers the commission of certain types of crimes
against certain persons.
DEFINITION OF FAMILY VIOLENCE
If you commit a
OCGA § 19-13-1
See also OCGA § 17-4-20.1
upon any of the
following persons, it is considered family violence:
-
Past
or present spouses
-
Persons who are parents of the same child
-
Parents and children
-
Stepparents and stepchildren
-
Foster parents and foster children
-
Other
persons living or formerly living in the same house
OFTEN
OVERLOOKED CONSEQUENCES
Custody of Children
If you are divorced and do not have custody of your children, a
family violence offense can actually prevent you from having
visitation. Even if visitation is allowed, it can be severely
restricted in the following manner:
The
judge can include any or all of the following conditions in an
order:
-
Any
exchange of a child to occur in a protected setting;
-
Your
visitation can be supervised by another person or agency;
-
You
might have to complete a family violence intervention program;
-
You
can be ordered to abstain from possession or consumption of
alcohol, marijuana, or any
Schedule I controlled substance during
the visitation and for 24 hours preceding the visitation;
-
You
could be required to pay a fee to defray the costs of supervised
visitation;
-
You
could be prohibited from having any overnight visitation;
-
You
could be required to post a bond for the return and safety of the
child; and
-
The
judge can impose any other condition he deems necessary.
Possession of
a Firearm
Federal Law
Federal Law (USC Title 18
Section 922 (g)(9)) provides that if you are convicted of a Family
Violence crime, you cannot possess any firearm that has been shipped
or transported in interstate or foreign commerce.
Immigration
A conviction for an offense involving family violence can affect
immigration status.
No Preset Bail Bond
Many misdemeanors have a
schedule of bail bonds. Once you are arrested you can bond right
out. However, offenses prosecuted under the Family Violence Act have
no preset bond. In order to obtain a bail bond, you will have to
appear before a judge.
Many crimes of family violence are
committed on Friday night. In many jurisdictions, you will not see a
judge until the following Monday, meaning you will have all weekend
to cool off.
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