Domestic Violence Defense Lawyers in Lawrenceville, GA

Other Charges That Come With It

Prosecutors sometimes add charges such as stalking, criminal damage to property, unlawful restraint, criminal trespass, or cruelty to children when a child witnessed the incident.

What Happens After a Domestic Violence Arrest in Gwinnett County?

The first few days after an arrest feel like a blur. Knowing the usual path can make it less confusing.

1. Arrest and booking. Many people arrested in Gwinnett County are taken to the Gwinnett County Detention Center on University Parkway in Lawrenceville.
2. First appearance. A magistrate judge explains the charges and takes up bond, generally within 72 hours of arrest. Judges often attach conditions, such as no contact with the accuser or staying away from the home.
3. Formal charges. Misdemeanor family violence cases are prosecuted by the Gwinnett County Solicitor's Office in the State Court of Gwinnett County. Felony cases go to the Superior Court and are prosecuted by the District Attorney's Office. Both courts sit at the Gwinnett Justice and Administration Center, 75 Langley Drive in Lawrenceville.
4. Arraignment and discovery. You enter a plea, and your lawyer asks for the State's evidence, like police reports, body camera video, and 911 recordings.
5. Resolution. The case may be dismissed, settled with a plea agreement, or tried before a judge or jury.

Can the Person Who Called the Police Drop the Charges?

This question comes up in almost every family violence case, and the answer surprises people.

No. Criminal charges in Georgia are brought by the State, not by the person who made the report. A prosecutor can move forward even if that person later says they want the case to end. What they say still matters because it affects the evidence, but the decision belongs to the prosecutor.

That's also why you shouldn't contact the accuser to ask them to “fix it.” Doing so could violate a bond condition and create new legal trouble.

Family Violence Protective Orders in Gwinnett County

A criminal charge isn't always the only legal problem. Many people also face a separate protective order case.

Family violence protective orders are civil matters filed in Superior Court. They can require you to stay away from a person, a home, or a workplace, and they may address temporary custody of children. They run on a separate track from the criminal case, but what you say in a protective order hearing can come up in the criminal case. Talk with a lawyer before you testify.

Penalties and Long-Term Consequences

A sentence is only part of what's at stake.

Georgia misdemeanors carry up to 12 months in jail and fines, generally up to $1,000, or up to $5,000 for misdemeanors of a high and aggravated nature. Felonies carry much more, and the most serious can mean decades. Probation often comes with conditions like counseling, a family violence intervention program, or community service.

Even after the case ends, a family violence conviction can reach into other parts of your life, including:

• Firearm rights, since federal law bars gun possession after a misdemeanor domestic violence conviction
• Child custody and parenting time
• Jobs and professional licenses
• Housing applications
• Immigration status for people who aren't U.S. citizens

How a Defense Attorney Looks at a Domestic Violence Case

These cases often come down to two people's accounts of the same moment. That leaves room to look closely at the evidence. 

Depending on the facts, we may:

• Review the 911 call, body camera footage, photos, medical records, and text messages
• Compare statements and look for inconsistencies
• Check whether officers had a legal basis to enter a home, search, or question you
• Look at self-defense, since Georgia law allows reasonable force to protect yourself or someone else
• Consider the context of the accusation, because allegations sometimes surface during a breakup, custody dispute, or divorce
• Explore options like reduced charges or Gwinnett's pre-trial diversion program for eligible misdemeanor cases

No lawyer can promise a result. What we can do is look closely at your case and explain where you stand.

What to Do Right Now If You've Been Charged

Small choices in the first few days can help or hurt your case. 

Keep these in mind:

• Don't contact the accuser by phone, text, social media, or through friends and family
• Follow every bond condition, since even a small slip can put you back in jail
• Don't talk about the case on jail phones or online, because calls are recorded and posts can be used against you
• Write down what happened while it's fresh, including times, places, and who was there
• Save texts, photos, voicemails, and call logs
• Speak with a lawyer before giving police a statement

Who You'd Be Working With During a DV Case

Your case will likely be heard at the Gwinnett Justice and Administration Center, so local experience counts. Before joining the defense side, Kyle Dobbins served as an assistant district attorney in Newton and Houston counties. He is a member of the Georgia Association of Criminal Defense Lawyers.

Our office is at 195 W Pike Street in downtown Lawrenceville. We explain the process in plain language and aim to keep you updated as your case moves along.