Domestic Violence Defense
Overview: While this office does not condone men ever using violence against women except in cases of self-defense, unfortunately many women knowingly abuse the various domestic violence laws to game the system. The law provided women with very little protection against domestic abuse 50 years ago. Now the pendulum has swung dramatically in the other direction, and now men are virtually defenseless against a woman who makes false claims of domestic violence.
Simple Battery is the typical offense a man will be charged with after a 911 call to police. Remember, once someone makes a 911 call concerning allegations of domestic violence, someone is going to jail and that is typically the man.
Simple Battery is defined as harmful or offensive touching. That’s right, just an allegation of “offensive touching,” with absolutely no injuries involved gets the man arrested even if the charges are false.
A slight push or even the slightest bit of restraint (holding her hand and asking her not to leave) qualifies as domestic violence simple battery. We had a case where the man brushed by his girlfriend as he was leaving the house to avoid conflict, and he was arrested for DV Simple Battery.
Simple Assault occurs when someone commits an act which places another person in reasonable fear of receiving a violent injury. Men, better not lift your hands. Men, you better not hit the wall. It is unbelievable how easy it is to be arrested for simple assault.
Typically, there are no witnesses to these alleged crimes. However, even if the woman wants to change her mind, (which occurs often), and decide not to prosecute, she cannot stop the charges once the state has made them.
Hearsay.Up until a few years ago, an accused man could be convicted even if the woman accuser refused to testify. The officer who responded to the call could simply just repeat what the accuser said at the time of arrest, and that was sufficient to sustain a conviction. The good news is that the U.S. Supreme Court stopped the use of pure hearsay as a means to sustain a conviction in 2005. Now, if the accuser won’t testify and there are no other witnesses, the state cannot successfully prosecute you. You have a constitutional right to confront your accuser.
If you are a husband who has been rightly or falsely accused by your wife of a domestic violence crime, Georgia law recognizes the absolute right of a spouse not to be compelled to testify against his/her spouse. It is called the marital privilege.