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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
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
GA Law
Under Georgia Law a conviction for any "forcible misdemeanor" can
result in the loss of your right to keep a firearm. "Forcible
misdemeanor" means any misdemeanor which involves the use or threat
of physical force or violence against any person. Most of the
offenses listed in the Georgia definition of Family Violence are
forcible misdemeanors.
Federal Law
Furthermore,
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.
As you can see, between Georgia State law and Federal law, if
convicted of a crime under the Family Violence Act, and if you are
in any profession that requires the use of a firearm, you will
probably lose your job.
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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