Domestic Violence Georgia
Author: Jameel Manji, Founder, Manji Law, P.C.
Mr. Manji founded Manji Law in 2016 to follow his passion of helping people navigate the complicated immigration system. Mr. Manji graduated from Georgia State University College of Law and received Master of Taxation from the Georgia State’s J. Mack Robinson College of Business. Published on: April 09, 2020, Last Updated on: April 28, 2020.
Domestic violence Georgia is violence against one’s family members or romantic partner. This serious issue is the single largest cause of injury to women in the U.S. Learn everything you need to know about Georgia law here.
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Domestic Violence Georgia
Domestic violence Georgia laws are created to protect married and domestic partners, kids, and other family members from their loved ones. Domestic violence is a serious criminal offense that frequently includes multiple people. Under Georgia law, domestic violence is defined as a deliberate infliction of a physical injury, or an effort to inflict such, to a member of one’s family or an extended relative.
When a person is on the receiving end of domestic violence, the circumstance can be dangerous or even deadly, especially when the victim is an undocumented immigrant. This is also the case if you are accused of abusing others. Even if you feel you did nothing wrong, you might still be charged with domestic battery, which can significantly impact your immigration status.
If you have been arrested for or are a victim of domestic violence Georgia and are concerned about how it may affect your immigration status, contact a skilled immigration lawyer from Manji Law for assessment and representation.
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Georgia Family Violence Act
During times of isolation, people tend to become angry and intolerant of those around them. The Georgia Family Violence Act helps protect citizens. To find the right legal advisor for your case, check out the “about us” page of Manji Law’s website.
An experienced legal representative will have the ability to effectively safeguard an individual charged with domestic violence Georgia when it is clear that he or she was acting in self-defense.
Family Violence Act Georgia
Due to its broad meaning, you might be charged with violating the Family Violence Act Georgia even if you think you did nothing wrong. Even the lightest touch could be considered assault or battery. Therefore, a variety of situations might lead to an individual being charged with domestic battery. Common domestic violence Georgia charges include the following:
- Marital rape
- Open-handed slap
- Sexual abuse
As an experienced Georgia immigration attorney, Manji Law is prepared to fight for those who have been accused of, charged with, or fallen victim to any of the above domestic violence Georgia crimes. Being on either end of a domestic violence case can be a scary situation for anyone, but these fears only escalate for immigrants. When you have Manji Law on your side, you can rest assured knowing that your immigration status will be protected by a dedicated legal advocate.
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Who Is Affected by Georgia Domestic Violence?
The Georgia Domestic Violence Act includes the following people as family or household members:
- Former or current spouses
- Foster parents and foster children
- Parents of a mutual child
- People currently or previously residing within the same house
- Relatives of children
- Spouses and former spouses
- Stepparents and their stepchildren
Those affected by domestic violence Georgia are well represented by local criminal defense lawyers from reputable firms, but those already experiencing immigration issues need an additional layer of protection. Both state and federal laws take domestic violence charges very seriously, so you should never face the courts without an immigration lawyer by your side.
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Georgia Domestic Violence Laws and Immigration
When you’ve worked hard to establish a life in the US, a single domestic violence incident can quickly take all of that away. Under Section 237 of the Immigration and Nationality Act, a noncitizen who is convicted of domestic violence can be deported, no matter how long they have held their visa or green card. The crimes that constitute domestic violence under this federal law are nearly identical to those considered domestic violence under state laws in Georgia.
If you are facing domestic violence charges in Georgia, a competent lawyer can examine and determine whether you have been wrongfully charged. If the charges are not dropped, a skilled attorney might petition on your behalf for a reduced sentence, probation, community service, or jail time already served, which can help keep you in the US with your family. With the future of your life in the US at stake, hiring an immigration lawyer to handle your domestic violence case is one of the most important decisions you will ever make.
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How Domestic Violence in Georgia Affects Immigrant Victims
Domestic violence in Georgia does not only affect immigrants who have been accused of a crime. Under federal law, victims of domestic violence who are immigrants may be eligible to become a lawful permanent resident. The Violence Against Women Act, or VAWA, states that you may be able to get a green card if you are a victim of “battery or extreme cruelty” by any of the following individuals:
- A U.S. citizen spouse or former spouse
- A U.S. citizen parent
- A U.S. citizen son or daughter
- A lawful permanent resident (LPR) spouse or former spouse
- An LPR parent
If you or a loved one are being abused by a family member and wish to gain lawful residency in the United States, don’t hesitate to contact a compassionate Georgia immigration attorney at Manji Law today. We are determined to help you safely and legally begin your life in the US.
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Georgia Domestic Violence Law Consequences
Even for non-immigrants, being found guilty of violating the Georgia domestic violence law can result in problems that affect every aspect of your personal and professional life. The state of Georgia takes acts of domestic violence very seriously and will penalize criminal offenses including household violence more stringently than acts against people outside of a domestic relationship. Therefore, fines and jail sentences for domestic violence criminal offenses are greater or longer than similar criminal activities between complete strangers.
A minor attack that would be considered a misdemeanor between strangers would be an aggravated misdemeanor between individuals in a domestic relationship, with a potential fine of $1000 to $5000 and a maximum sentence of 12 months. Subsequent convictions of domestic violence Georgia are dealt with as felonies with the possibility of being sentenced to five years in jail.
Additional Domestic Law Repercussions
A domestic violence offense might also contribute to future custody decisions. When a police officer reacts to a call, a Family Violence Report that contains information of the abuse and whether any kids experienced the event is included. The victim of domestic violence is likewise able to get a protective order.
If you receive a protective restraining order, any effort on your part to get in touch with the victim or your children is considered a misdemeanor and might result in a penalty of a $1,000 fine and/or 12 months in jail.
Even if the protective order is not extended beyond an emergency situation, it is difficult for an individual who has a domestic violence Georgia conviction to encourage a court to permit them joint custody of their children. It is possible to lose most rights while still being accountable for paying child support.
Hiring a Lawyer for GA Domestic Violence Law
For both US citizens and immigrants, a GA domestic violence law conviction can have long reaching consequences. Getting work with a misdemeanor or felony, for example, is an uphill struggle, as around 92-percent of businesses carry out criminal background checks for all potential employees. And if your conviction leads to deportation, you will permanently lose any opportunity of working or residing in the US.
In a difficult immigration situation, any imperfection on your record might seriously affect your future opportunities. If you or a loved one are dealing with domestic violence in Georgia, an immigration attorney can help you explore options and handle the case in a way that allows you the best possible opportunities for your immigration status. Contact us today to schedule a consultation.
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