Domestic violence charges are treated very seriously in Georgia. Even before a person is found guilty of criminal assault charges, he or she is likely to face civil sanctions such as removal from the family home, as well as temporary restraining orders (TRO) that prevent the accused from having any contact with the alleged victim. If someone violates a restraining order, he or she can be jailed and charged with a separate crime.
What is the Legal Definition of Domestic Violence?
Charges of domestic violence often arise in connection with divorce. In some cases, spousal abuse is one of the reasons the victim is seeking a divorce. However, there are also high-conflict divorces where one spouse makes false allegations of domestic violence against the other in order to gain the upper hand in a child custody, alimony, or property division dispute.The legal definition of family or domestic violence under Georgia law is the occurrence of one or more abusive acts, as defined by the state, against spouses and children, romantic partners, and other family members or household guests who reside in the same household.
Depending on the circumstances involved, it may be classified as either a misdemeanor or felony charge, with domestic violence penalties including fines, community service, mandatory counseling, and imprisonment.

Forms of Domestic Violence
Under Georgia domestic violence laws, types of domestic violence include everything from threats and harassment to actual physical assaults. These acts are committed against people residing in the same home, and include spouse abuse, intimate partner violence, child abuse, and violence against any household member.
Domestic violence is not only physical but can involve threats or damage to the victim’s emotional health and financial security. Domestic violence that becomes physical is classified as assault or battery. In addition to the above, all felony acts are included. While not individually named, Georgia domestic violence law is broad in including felony acts, regardless of whether they are of a violent or non-violent nature.
Any type of domestic violence should be taken seriously. In cases involving threats or perceived threats of physical harm, dial 911 and get to a safe place immediately.
How the Court Handles Domestic Violence Offenders
To stop the cycle of domestic violence, Georgia has strict guidelines for how it handles offenders. The Georgia Commission on Family Violence advises that in addition to criminal sentencing for those convicted of domestic violence, these cases must also include the following:
- Restitution to victims;
- Involvement in a domestic violence intervention program;
- Monitoring to ensure compliance with protective orders;
- Referrals for domestic violence resources and drug and alcohol evaluations as needed.
- Repeat offenders and those who fail to comply with court orders face increased fines and a potentially lengthy jail sentence.
Violence Against Women Act
The Violence Against Women Act has changed the landscape in defining the various types of domestic violence and how it is addressed by the courts and in the community. Originally passed in 1994 and expanded three times in the years since, it addresses issues related to spousal abuse, intimate partner violence, and abuse of children on a federal level, while providing grant money for state programs.br> Since inception, the Violence Against Women Act (VAWA) coordinates the response to domestic violence between law enforcement, social service groups, and the courts while guaranteeing interstate enforcement for protective orders. It has been expanded over the years to include:
- Dating violence and stalking as domestic violence crimes
- Legal assistance for victims of domestic assault and sexual abuse
- Enhanced programs for child abuse victims
- Supervised visitation and counseling
- Tools and resources to protect college students

Temporary Protective Orders
In order to stop the cycle of domestic violence and to provide care and support for victims of domestic assault and abuse, it is generally necessary to get a temporary protective order (TPO) issued by the court. While restraining orders issued in divorce proceedings may seem to serve the same purpose, a TPO issued under the Family Violence Act affords greater protections, and provides great legal grounds for enforcement.
Process of Obtaining a TPO
Under guidelines in the Georgia Domestic Violence Benchbook , a TPO may be granted on an emergency ex parte basis at the same time your petition asserting spousal abuse, intimate partner violence, or abuse of children or other household members is filed. The court will issue the TPO, based on evidence in the case, if it is determined that domestic violence did occur or is likely to occur in the future.
Grounds for obtaining a TPO include:
- Domestic assault or battery;
- Stalking and harassment;
- Threats and intimidation;
- Criminal damage to personal property;
- Unlawful restraint;
- Criminal trespass.
Reasons to Obtain a TPO
Under Section 19-13-4 of the Georgia Code , the following are all valid reasons to obtain a TPO in cases involving domestic violence:
- To order the abuser to refrain from certain acts, such as coming to the home or contacting the victim;
- To grant possession of the residence and household belongings, or to require the abuser to provide suitable housing for victims of domestic violence;
- To award alimony, temporary custody, and support for minor children;
- To order the abuser to pay attorney fees and costs incurred by the victim.
- To restrict the abuser’s right to own firearms.

Georgia's Family Violence Act
Georgia’s Family Violence Act governs issues related to domestic violence. It outlines what family violence is, who it affects, and ensures protection for victims. It also provides guidelines for how to prevent domestic violence from occurring through strong penalties and by requiring offenders to undergo treatment.
The Georgia Domestic Violence Benchbook states that prior to the Family Violence Act, which was enacted in 1981, domestic violence was treated the same as any other criminal act. Through the Act, there are increased penalties for abusers and greater protection for victims. Key elements include:
Georgia's Stalking Law
Stalking is a type of domestic violence in which the abuser contacts or follows the victim or surveils their activities without their consent. Georgia’s stalking laws offer protection through the use of restraining orders issued by the court and impose harsh penalties for those who engage in this type of conduct.
The Stalking Resource Center advises that, under Section 16-5-90 of the Georgia Criminal Code, a person commits the offense of stalking when they willfully follow, surveil, or contact another for the purpose of harassment or intimidation. Stalking may include contact by any of the following means:
- In person, at home, work, or school, or in any public place;
- Via telephone calls or in writing;
- Via computer, either through emails, social media, or by hacking;
- Through other electronic devices.
Under Georgia domestic violence laws (O.C.G.A. 19-13-1) , victims of stalking may include former or current spouses, intimate partners, and children, as well as other family members, such as parents or grandparents, and other household members.
Protection Against Stalking Under Domestic Violence Laws
As one of the signs of domestic violence, stalking can lead to acts of physical violence. Domestic violence laws can help to protect victims of stalking, through protective orders and consent agreements issued by the court. This can prohibit the offender from engaging in the following:
- Contacting or attempting to contact the victim by any means of communication;
- From following them or appearing at their home or place of business.
These orders may also require the offender to pay child support or alimony and to undergo counseling or treatment to prevent domestic violence in the future.
Stages of Domestic Violence Cycle
Effect of Domestic Violence on Divorce Settlement
Unlike some other areas, Georgia is not a ‘no fault’ divorce state. There are 13 grounds for divorce listed under the state statutes, and domestic violence is one of those grounds. If you are the victim of spousal abuse, it could impact important elements of your case, including property division and alimony.
Domestic Violence as Grounds for Divorce
Domestic assault and abuse are grounds for divorce in Georgia. Under Section 19-5-3 of the Georgia Code , there are two potential ways in which domestic violence could play a role in your case:
- If you entered the marriage under threat, force, or duress;
- If your spouse exhibited cruel treatment towards you, in which they willfully inflicted physical or emotional pain during your marriage.
While domestic violence during your marriage is likely to influence property settlements, alimony, and child custody proceedings, under Georgia divorce laws you could be disqualified from it as grounds if you remained in the marriage after it occurred, or if your spouse claims you engaged in any type of abusive behavior in response.
Dealing with Domestic Violence in Your Divorce
Domestic violence laws work to defend the rights of victims. Anytime spousal abuse or any kind of domestic violence occurs, you are entitled to protection under the Family Violence Act . Even if you remained in your marriage after spousal abuse became a factor, you may be able to present evidence justifying why you remained, in addition to obtaining property rights and alimony through a protective order.
