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Domestic Violence

Marietta Domestic Violence Attorney

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According to the 2012 Georgia Domestic Violence Fatality Review, Georgia is ranked 10th in the United States for the rate at which men kill women, most in which are situations involving domestic violence. Domestic violence can entail one person in a relationship using violence as a way to maintain control over their partner, or it can entail one person in a household assuming power and using this power to inflict abuse on another. In Georgia, domestic violence is defined as any battery, assault, felony, stalking, criminal destruction to property, criminal trespassing, and unlawful restraint of an offender to gain this power. If you have been involved in a situation of domestic violence, there are experienced Marietta criminal defense attorneys who may be able to help defend you.

Although domestic violence is commonly known as abuse in a relationship, it does not necessarily have to occur between two people involved in a current partnership. It can occur between past or present spouses, people who share a child, parents and their children, stepparents and their stepchildren, foster parents and their foster children, and people who did live or currently live under the same roof. Domestic violence knows no boundaries; victims of it are of all ages, ethnicities, gender, and class. There is one aspect found in all situations of domestic violence: offenders use it as a method of gaining and maintaining power over their partner or other family member.

Different Forms of Domestic Violence

There are numerous different ways in which domestic violence can be demonstrated:

  • Verbal abuse: this involves threats, the use of offensive language, name-calling, and put-downs.
  • Physical harm: this may include pushing, slapping, hitting, kicking, punching, grabbing, choking, hair pulling, biting, or the use of any weapon to inflict physical pain. There is the possibility of physical violence occurring and not leaving any visible marks, or creating marks in areas covered by clothing.
  • Psychological abuse: this can involve verbal and physical threats, and intimidation to the point of provoking fear. This also may include instances of the victim being controlled by their partner over issues such as money, work, decisions involving the children, or prevention of the partner from keeping contact with their family and friends.
  • Sexual assault: this is any sexual act that is performed without the victim's consent. This may involve rape in which actual penetration occurs, or criminal sexual contact where penetration does not occur but there is still forcible touching of the "intimate" body parts.
  • Unwanted presence: this is an instance in which the victim attempts to separate themselves from the offender but in doing so experiences situations such as stalking, kidnapping, trespassing, or damage to property.

Among these different forms of domestic violence, sexual assault is the type least likely to be reported. This is because oftentimes the offender believes that they are not actually committing sexual assault. Since they are engaging in sexual activities with their wife or long-term girlfriend, they believe that the act is automatically consensual. Even though the relationship may be ongoing, sexual activity is not consensual if the victim does not give their consent before the act occurs. Despite lesser reports of sexual assault, research shows that it occurs in 40-45% of relationships involving domestic violence.

Contact a Defense Lawyer in Marietta

Domestic violence can occur in many different instances, and our experience in the area may be able to help you. If you are being pressed with domestic violence charges, contact a criminal defense lawyer to see what we may be able to do for you!

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