Domestic Violence

Allegations of domestic violence are extremely serious. If the allegations are true, it is important that the victim be protected. It is also important that the perpetrator receive treatment. Law enforcement, prosecutors and judges are appropriately cautious because a minor spat between family members can quickly turn into something much more.

However, many times these family violence allegations are false and maliciously designed to gain an advantage in a relationship that is unraveling. Whether an attempt to gain custody in an impending divorce or simply the vengeance of a jilted lover, some alleged victims just use the judicial system to exact personal revenge.

Law enforcement officers have an extremely difficult and dangerous job when responding to a domestic violence call. Many officers believe that domestic violence calls present the greatest danger, to not only the victim, but also to the responding officer. Unfortunately, many law enforcement agencies meet this danger with the simplistic policy of ‘On a domestic call, someone has to go to jail.’ Likewise, many prosecutors have the policy of ‘We don’t dismiss domestic violence cases.’

In many criminal charges regarding family violence (battery, assault, false inprisonment), police and prosecutors do not listen to the opinion or wishes of the alleged victim. Alleged victims that want to stop the arrest or the prosecution are told ‘It is not your case anymore.’

The law enforcement and judicial processes are appropriately designed to protect victims and the assumption is that most alleged victims are true in their motivations. However, who is there to protect the accused when the charges are false? When they are exaggerated? When the victim wants the matter dismissed?

Our Georgia Attorneys are trained in the law and can represent those accused of simple battery, battery, and assault under Georgia’s Family Violence Act (FVA). Our lawyers listen to the dynamics of the whole case and try to fashion a resolution that is favorable. Whether we investigate the case, use legal privileges, plea negotiations, or a trial, our lawyers are here to help.

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(770) 783-5296
Breakfield & Associates, Attorneys
539 Green Street
Gainesville, GA 30501

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