Definitions of Domestic Violence - Georgia

Date:

Defined in Domestic Violence Civil Laws

Citation: Ann. Code §§ 19-13-1; 19-13-10

As used in this article, the term 'family violence' means the occurrence of one or more of the following acts between any of the individuals listed below:

  • Any felony
  • Commission of offenses of battery, simple battery, simple assault, assault, stalking, criminal damage to property, unlawful restraint, or criminal trespass

The term 'family violence' shall not be deemed to include reasonable discipline administered by a parent to a child in the form of corporal punishment, restraint, or detention.

The term 'family violence' means the commission of the offenses of battery, simple battery, simple assault, assault, stalking, criminal damage to property, or criminal trespass between family or household members.

Defined in Child Abuse Reporting and Child Protection Laws

This issue is not addressed in the statutes reviewed.

Defined in Criminal Laws

Citation: Ann. Code §§ 16-5-20; 16-5-21; 16-5-23; 16-5-23.1

A person commits the offense of simple assault when he or she either attempts to commit a violent injury to another person or commits an act which places another in reasonable apprehension of immediately receiving a violent injury. A person commits the offense of simple battery when he or she either intentionally makes physical contact of an insulting or provoking nature with another person or intentionally causes physical harm to another.

A person who commits simple assault or simple battery shall be guilty of a misdemeanor, except when the offense is committed against a household member, the defendant shall be punished for a misdemeanor of a high and aggravated nature.

The offense of aggravated assault includes the following elements:

  • The intent to murder, rape, or rob
  • The use of a deadly weapon or any object, device, or instrument that, when used offensively against a person, may or actually does result in serious bodily injury
  • The use of any object, device, or instrument that, when used offensively against a person, may or actually does result in strangulation
  • The discharge of a firearm, without legal justification, from within a motor vehicle toward a person or persons

If aggravated assault is committed against a household member, the defendant shall be punished by imprisonment for no less than 3 nor more than 20 years.

A person commits the offense of battery when he or she intentionally causes substantial physical harm or visible bodily harm to another. The term 'visible bodily harm' means bodily harm capable of being perceived by a person other than the victim and may include, but is not limited to, substantially blackened eyes, substantially swollen lips or other facial or body parts, or substantial bruises to body parts.

If the offense of battery is committed against a household member, it shall constitute the offense of family violence battery.

Persons Included in the Definition

Citation: Ann. Code §§ 19-13-1; 19-13-10; ; 16-5-20; 16-5-21; 16-5-23

In civil law: Individuals subject to the provisions of this section include the following:

  • Past or present spouses
  • Persons who are parents of the same child
  • Parents and children
  • Stepparents and stepchildren
  • Foster parents and foster children
  • Other persons living or formerly living in the same household

The term 'family or household members' includes the following:

  • Past or present spouses
  • Persons who are parents of the same child
  • Other persons living or formerly living in the same household

In criminal law: The term 'household member' includes any of the following:

  • Past or present spouses
  • Persons who are parents of the same child
  • Parents and children
  • Stepparents and stepchildren
  • Foster parents and foster children
  • Other persons living or formerly living in the same household