Domestic violence allegations are among the most challenging and emotionally charged cases in the criminal justice system. These cases involve intimate relationships, family dynamics, and often conflicting accounts of what occurred during private moments. The social stigma associated with domestic violence accusations can be devastating, affecting employment, child custody, housing, and personal relationships even before any trial takes place.

Georgia law enforcement agencies and prosecutors have adopted increasingly aggressive approaches to domestic violence cases, often based on the philosophy that these crimes are underreported and that victims frequently recant their accusations due to fear or financial dependence. This has led to policies of mandatory arrest and prosecution, even when the alleged victim does not wish to pursue charges. Officers are trained to look for signs of abuse and to make arrests based on minimal evidence.

The legal consequences of domestic violence convictions extend far beyond the criminal penalties. Federal law prohibits individuals convicted of domestic violence from possessing firearms, which can end careers in law enforcement or the military. Protective orders can force individuals from their homes and restrict contact with their children. Professional licenses may be suspended or revoked, and immigration consequences can be severe for non-citizens.

False allegations of domestic violence, while not common, do occur and can arise from various motivations including child custody disputes, divorce proceedings, revenge, or mental health issues. These cases require sensitive handling and thorough investigation to uncover the truth while protecting the rights of the accused. We work with private investigators, mental health professionals, and other experts to develop a comprehensive understanding of the relationship dynamics involved.

The prosecution of domestic violence cases often relies heavily on the testimony of the alleged victim, but these cases can proceed even when the victim recants or refuses to cooperate. Prosecutors may use excited utterance statements, 911 recordings, photographs of alleged injuries, and testimony from responding officers to build their case. Understanding the rules of evidence and constitutional protections is crucial to challenging this evidence.

Mutual combat situations, where both parties engaged in physical altercation, are common in domestic relationships but can be difficult to prove. Self-defense claims require careful analysis of the circumstances, the relative size and strength of the parties, and the availability of alternatives to physical force. We thoroughly investigate these situations to present the most accurate picture of what occurred.