The Georgia law has two separate code sections which involve physical altercations between persons: simple battery and battery.
A “simple battery” is committed when a person intentionally makes contact of an “insulting or provoking” nature with another person, or intentionally causes harm to another.
A “battery” is committed when a person intentionally causes “substantial” physical harm or visible harm to another.
Generally, an example of a simple battery would be where a person shoves another.
An example of a battery, is when a person hits or touches another person to the extent that there is visibly bodily harm such as black eyes, swollen lips, bruises, etc.
Both simple battery and battery become “family battery” when the battery is committed against past or present spouses, person who are parents of the same child, stepparents, grandparents, children, etc, or other persons living in the same household.
Most of the battery cases we see are batteries involving spouses. While courts consider any physical harm to another as serious, in particular family violence cases are concerning to the State.
In most cases, the suspected batterer will be “restrained” from contacting the victim for a period of time. And if you are under such a retraining order and violate the Order, that can be considered another charge, and you could possibly be held in jail without bond!
There are several defenses to these types of cases and also ways to resolve these cases without going to trial.
It is important you hire lawyers who have special knowledge in defending these types of cases, from not only defending the criminal charge but also helping you with the Retraining Order.
For over 37 years, I have handled simple battery, battery, Family violence cases, as well as aggravated assault cases, with much success.
If you find yourself in such a situation, please call for a free consult.