Police Response and Domestic Violence Charges in Georgia

This article provides general information about how police respond to domestic violence calls and the subsequent legal process in Georgia. It is important to understand that this overview does not constitute personal legal advice. If you are involved in a domestic violence situation, consulting a qualified attorney is recommended.

Police Response to Domestic Violence Calls in Georgia

When police respond to a domestic violence call in Georgia, officers arrive to ensure the immediate safety of all parties involved. They typically separate individuals, secure the scene, and assess any visible injuries or signs of violence. Officers will listen to the accounts of those present, including the alleged survivor, the accused, and any witnesses.

Assessment and Arrest Decisions

Georgia law encourages officers to make an arrest when there is probable cause to believe that domestic violence has occurred. In many cases, this can mean arresting the alleged abuser even if the survivor does not wish to press charges. The officer's decision to arrest is based on evidence and safety considerations rather than the survivor’s immediate preferences.

Police Report, Arrest, and Prosecutor’s Charges

It is important to distinguish between a police report, an arrest, and the prosecutor filing charges. A police report documents the incident and officers’ observations. An arrest means that the suspect is taken into custody based on probable cause. However, charges are filed by the prosecutor, who reviews evidence and decides whether to proceed with formal criminal charges.

Post-Arrest Process

After arrest, the accused may be taken to jail and held pending bond or bail. The court may impose protective conditions such as no-contact orders to protect the survivor. Courts will set upcoming hearing or trial dates where the case will be reviewed, and decisions made regarding guilt and any penalties.

The State’s Role Versus the Survivor’s Wishes

In Georgia, although the wishes of the survivor are considered, the state has the authority to continue or dismiss domestic violence charges independent of the survivor’s input. This can be due to public safety concerns or the strength of the evidence. Survivors can seek support and advocacy through organizations like DV Support to understand their options.

Relationship Between Criminal Charges, Protective Orders, and Family Law

Domestic violence criminal charges, protective orders, and family law matters such as custody and divorce are related but distinct legal processes. Criminal charges focus on punishment and public safety. Protective orders provide civil legal protection to survivors. Family law courts address custody, visitation, and property issues. Often, survivors must navigate these overlapping systems simultaneously.