Laws Used In Domestic Violence Cases | |||||||||||||||||||||||||||
Commonly Used Laws in Domestic Violence Cases Family Violence--19-13-1, et.seq. - The occurrence of one or more of the following acts between past or present spoused, parents of the same child, parents and children, stepparents and stepchildren, foster parents and foster children, or persons who are or have lived in the same household. Acts- any felony; battery, simple battery, simple assault, stalking, criminal damage to property, unlawful restraint, or criminal trespass. *Simple Assault- 16-5-20-attempt to commit a violent injury to the person of another or commits an act which places another in reasonable apprehension of immediately receiving a violent injury. *Aggravated Assault- 16-5-21-assault with intent to murder, rape or rob; assault with a deadly weapon or with any object, device, or instrument which, when used offensively is likely to or actually does result in serious bodily injury; discharging a firearm within a motor vehicle toward a person or persons. *Simple Battery- 16-5-23-intentionally make physical contact of an insulting or provoking nature to another; intentionally cause physical harm to another. *Battery-16-5-23.1-intentionally cause substantial physical harm or visible bodily harm to another (i.e. blacked eyes, substantial swollen lip, substantial bruises). *Increased penalties if committed by person listed under 19-13-1. Stalking-16-5-90- follow, place under surveillance, or contact another at or about a place or places without the consent of that person for the purpose of harassing and intimidating the other person. Aggravated Stalking-16-6-91- follow, place under surveillance, or contact another in violation of a peace bond, temporary or permanent restraining order, temporary or permanent protective order, preliminary or permanent injunction, condition of pretrial release, condition of probation or parole which prohibits this behavior for the purpose of harassing and intimidation the other person. Criminal Trespass-16-7-21-intentionally damage any property of another and damage is $500 or less or knowingly and maliciously interfere with the possession or use of the property of another without their consent. Knowingly and without authority enter upon the land of another or into any part of any vehicle, railroad car, aircraft, or water craft of another for an unlawful purpose or enter after being told entry is forbidden or enter after receiving notice to depart. Criminal Damage to Property in the Second Degree-16-7-23(a)(1)- intentionally damage any property of another without consent and damage exceeds $500. Cruelty to Children in the second Degree- 16-5-70- primary aggressor intentionally allows a minor to witness the commission of a forcible felony, battery, or family violence battery; or prrimary aggressor having knowledge that a minor is present and sees or hears the act, commits a forcible felony, battery, or family violence battery. Interference with Custody-16-5-45-knowingly or recklessly take or entice a child away from person who has lawful custody; or intentionally and willfully retain possession within this state of chid, upon the expiration of a lawful period of visitation with the child. Terroristic Threats-16-11-37-threaten to commit any crime of violence or to burn or damage property with the purpose of terrorizing another. Interference of a 911 Call-16-10-24.3-verbally or physically obstruct, prevent, or hinder another with intent to cause or allow physical harm or injury to another from making or completing a 911 call or a call to any law enforcement agency to request police protection or to report the commission of a crime. False Imprisonment-16-5-41- arrest, confine, or detain another without legal authority. Kidnapping-16-5-40- abduct or steal away any person without lawful authority or warrant and hold such person against his will. Custody of Child Born Out of Wedlock-19-7-25- only mother is entitle to custody, unless father legitimates as provided in code section 19-7-22. |
|||||||||||||||||||||||||||
Links: | |||||||||||||||||||||||||||
Home | |||||||||||||||||||||||||||
Ga. Coalition Against Domestic Violence | |||||||||||||||||||||||||||
FaithTrust Institute | |||||||||||||||||||||||||||
Polly's Place Network | |||||||||||||||||||||||||||
Promise Place | |||||||||||||||||||||||||||
If you are in danger, CALL 911 | |||||||||||||||||||||||||||
We can Stand together and let our community know that Domestic Violence will not be tolerated here!! | |||||||||||||||||||||||||||
Suicide Hotline 1-800-827-7571 | |||||||||||||||||||||||||||