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08/20/2025

What to Expect When Facing a Domestic Violence Charge in Savannah and Surrounding Counties

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    Being charged with domestic violence in Georgia is serious and often overwhelming. Many people facing these charges have never dealt with the criminal justice system before. They worry about their freedom, their family, and their future. Understanding the process can ease some of that uncertainty and help you make informed decisions about your defense.

    This guide explains what typically happens after an arrest for domestic violence in Savannah, Chatham County, Bryan County, Liberty County, and Effingham County, with a focus on how cases move through the local court systems.

    What Counts as Domestic Violence in Georgia

    Georgia law defines domestic violence broadly. It is not limited to physical harm. The law includes a range of offenses when they occur between family members, household members, or people in intimate relationships. Examples include:

    • Battery or assault against a spouse, partner, or family member
    • Stalking or harassment
    • Criminal trespass or damage to property in a domestic setting
    • Threats of violence

    Because the term covers many different acts, the severity of charges can vary. A case might involve a misdemeanor battery or a felony aggravated assault. Either way, the consequences are significant and demand careful legal attention.

    The Arrest and Booking Process

    In most domestic violence cases, the process begins with an arrest. If law enforcement responds to a call and believes there is probable cause that an offense occurred, they will usually make an arrest on the spot.

    Once arrested, you are taken to the county jail for booking. In this region, that could mean the Chatham County Detention Center, the Bryan County Jail, the Liberty County Jail, or the Effingham County Jail, depending on where the incident occurred.

    Booking includes fingerprinting, photographs, and entry into the criminal database. Anything you say during this time can be used against you later, so it is best to remain respectful but avoid making statements until you have spoken to an attorney.

    The First Appearance and Bond Hearing

    After booking, you will appear before a judge. This usually happens within 24 to 48 hours. At this hearing, the judge will:

    • Formally read the charges
    • Decide whether to set bond and at what amount
    • Issue any temporary protective orders

    In domestic violence cases, judges often issue no-contact orders that prevent you from speaking to or visiting the alleged victim. This can create immediate challenges, especially if you live together or share children. Violating a protective order can result in new charges and make your case more difficult to defend.

    Bond hearings are critical. Having an attorney present at this stage can influence whether you are released while your case is pending.

    Protective Orders and Their Impact

    Protective orders are common in domestic violence cases. There are two main types:

    1. Temporary Protective Orders (TPOs) – Often issued at the first appearance hearing and remain in effect until the case is resolved.
    2. Family Violence Protective Orders – Civil court orders that may extend beyond the criminal case and can include child custody and visitation restrictions.

    These orders can impact your ability to return home, see your children, or even access your property. Violating them has serious legal consequences.

    The Role of the Prosecutor

    One of the biggest surprises for many people charged with domestic violence is that the prosecutor, not the alleged victim, controls the case. Even if the person who made the complaint wants to drop the charges, the State can still move forward.

    Prosecutors often rely on:

    • Police reports
    • Body camera footage
    • 911 call recordings
    • Medical records
    • Witness statements

    This approach is sometimes called “evidence-based prosecution.” It means that even without the alleged victim’s cooperation, the case can still go forward.

    Possible Charges and Penalties

    Domestic violence charges in Georgia carry a wide range of potential penalties.

    • Misdemeanor battery: Up to 12 months in jail and fines up to $1,000
    • Aggravated assault: Felony charges with prison time ranging from 1 to 20 years
    • Stalking: Up to 12 months in jail for a first offense, felony penalties for repeat offenses

    Beyond jail or prison time, a conviction can lead to probation, mandatory counseling, community service, and fines.

    The collateral consequences are just as serious. A domestic violence conviction can affect employment, professional licenses, child custody, and the right to own firearms.

    Defenses in Domestic Violence Cases

    Every case is different, but common defenses include:

    • Self-defense – Showing that you acted to protect yourself from harm
    • False allegations – Demonstrating that the accusation is untrue or motivated by other factors, such as divorce or custody disputes
    • Lack of evidence – Pointing out weaknesses in the prosecution’s case, such as unreliable witnesses or inconsistent statements
    • Violation of rights – Exposing procedural errors, such as unlawful searches or failure to advise you of your rights

    A defense lawyer evaluates the facts, the evidence, and the law to determine which strategy fits your situation best.

    The Court Process in Coastal Georgia

    After the initial hearing, the case moves through several stages:

    1. Arraignment – The court formally advises you of the charges, and you enter a plea.
    2. Pretrial Motions – Your attorney can challenge evidence, file motions to suppress, or seek dismissal of charges.
    3. Negotiation – Many cases are resolved through plea agreements. Your lawyer will weigh the risks and benefits of trial versus negotiation.
    4. Trial – If no agreement is reached, the case goes to trial before a judge or jury.

    Domestic violence cases in this region may be handled in:

    • Chatham County State Court or Superior Court
    • Bryan County State Court or Superior Court
    • Liberty County State Court or Superior Court
    • Effingham County State Court or Superior Court

    Each court has its own procedures and expectations. Judges and prosecutors in these counties deal with these cases daily, which makes local experience important.

    Why Local Experience Matters

    An attorney familiar with Savannah and the surrounding counties can anticipate how prosecutors build their cases, what judges prioritize, and what strategies are most effective. This local insight can make a significant difference in the outcome.

    Steps to Take if You Are Charged

    If you are facing a domestic violence charge in Chatham, Bryan, Liberty, or Effingham County, here are immediate steps to protect yourself:

    1. Do not contact the alleged victim – Even if you want to resolve things, respect all protective orders.
    2. Gather evidence – Save messages, emails, or other communications that could help your defense.
    3. Document injuries – If you were harmed during the incident, seek medical treatment and keep records.
    4. Hire an attorney quickly – The earlier you have representation, the more options you will have.

    The Bigger Picture

    Domestic violence cases are complex. They involve not only criminal charges but also family dynamics, civil protective orders, and long-term consequences. Trying to navigate the process alone is risky.

    Understanding the steps you will face, from arrest to trial, can help you prepare and make informed decisions. More importantly, having the right defense strategy can protect your future, your family, and your freedom.

    Contact the Ozer Law Firm today for a free consultation!

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