Being accused of family violence is a deeply serious matter, especially when the accusation is false. In Cumming, Georgia, a family violence charge can have immediate consequences such as arrest, restraining orders, loss of child custody, or even being forced out of your own home. If you find yourself in this situation, knowing your rights and having a strong defense is absolutely essential.
False accusations of family violence can be incredibly distressing, affecting not only your reputation but also your future. In this blog, we’ll walk you through the essential steps to protect your rights and defend yourself. We’ll also discuss why having experienced legal representation in Cumming, Georgia, can be crucial in navigating the complexities of such charges.
Criminal Defense Attorney
📞 Call now: (470) 505-9791
📧 Email: jennifer@lawofficeofjenniferscalia.com
🌐 Visit: [LawOfficeofJenniferScalia.com]
Understanding Family Violence Laws in Georgia
Georgia’s Family Violence Act (FVA) is designed to protect individuals from abuse within the home, but it also opens the door to serious consequences for the accused, even if the allegations are unfounded.
Family violence in Georgia includes:
- Physical harm
- Attempted harm
- Threats of violence
- Stalking
- Property damage
- Unlawful restraint
The law applies to a wide range of domestic relationships, such as:
- Spouses and former spouses
- Parents and children
- Step-parents and step-children
- Siblings
- Roommates
Even if no physical injury occurred, the mere claim of a threat or an argument escalating can result in criminal charges.
Common Reasons for False Accusations
False accusations of family violence happen more often than most people realize. They can arise from:
- Divorce or child custody battles
- Revenge after a breakup or argument
- Manipulation to gain control of property or children
- Emotional instability or misunderstandings
- Third-party influence (e.g., friends or family encouraging a report)
Unfortunately, Georgia law favors the alleged victim in the early stages. This means that even before a full investigation is conducted, the accused may be removed from the home or denied access to children.
Immediate Steps to Take If You’re Falsely Accused
If you’ve been accused of family violence, your actions right now are critical. Here’s what you should do:
1. Remain Calm and Compliant
Never argue with law enforcement or the accuser. Anything you say or do can be used against you later. Stay calm and avoid confrontation.
2. Do Not Violate Protective Orders
If a Temporary Protective Order (TPO) is issued, follow it strictly, even if it seems unfair. Violating a TPO—even unintentionally—can lead to arrest or additional charges.
3. Hire a Criminal Defense Attorney Immediately
One of the most important steps you can take is contacting an experienced criminal defense lawyer in Cumming, GA, like Jennifer Scalia. The sooner you have legal representation, the better chance you have of avoiding further damage.
4. Document Everything
Keep a detailed record of:
- Dates and times of incidents or conversations
- Witnesses who can confirm your side of the story
- Emails, texts, or messages that support your case
This documentation can be critical when building your defense.
5. Avoid Social Media
Don’t post anything about your case online. Social media posts can be taken out of context and used in court.
Legal Consequences of a Family Violence Charge
Even if you’re innocent, the legal implications of a family violence charge in Georgia are severe:
- Jail Time – A misdemeanor charge can lead to up to 12 months in jail, while felonies may result in years of imprisonment.
- Restraining Orders – A TPO can prevent you from seeing your children, living in your home, or even contacting the alleged victim.
- Loss of Firearm Rights – Convictions can result in permanent loss of gun ownership rights under federal law.
- Criminal Record – A conviction stays on your record and can affect employment, housing, and your reputation.
- Impact on Custody or Divorce Cases – Accusations can be used against you in family court, regardless of the outcome of the criminal trial.
How a Criminal Defense Attorney Can Help You
When you’re falsely accused of family violence, you need someone who understands both the law and how to challenge misleading evidence or false claims.
The Law Office of Jennifer Scalia in Cumming, Georgia, provides:
🔹 Strategic Legal Defense
We analyze every aspect of the accusation, including police reports, witness statements, and the history between both parties. We identify inconsistencies or motives behind the false claim.
🔹 Protective Order Defense
We’ll represent you in TPO hearings to ensure your voice is heard and your rights are protected.
🔹 Evidence Gathering
Our team works to collect texts, emails, surveillance footage, and witness testimony that support your version of events.
🔹 Court Representation
We prepare and present a compelling defense in court aimed at having charges dismissed or reduced.
Building a Strong Defense Strategy
Defending against a false family violence charge requires a comprehensive approach. Common defense strategies include:
- Proving False Allegation – Demonstrating that the accuser fabricated the story.
- Lack of Evidence – Challenging weak or insufficient evidence from the prosecution.
- Self-Defense – If force was used to prevent harm to yourself or others.
- Mistaken Identity – If the accuser falsely identified you as the aggressor.
- Witness Testimony – Using neutral third parties to support your version of events.
An experienced criminal defense attorney can determine the best course of action based on your specific situation.
Why Local Legal Support in Cumming Matters
Local knowledge can make a big difference in how your case is handled. The Law Office of Jennifer Scalia is familiar with the Forsyth County court system, prosecutors, and judges in Cumming, Georgia. We know what arguments work, what evidence is persuasive, and how to navigate complex family dynamics in legal proceedings.
Protect Your Future – Contact Jennifer Scalia Today
Facing false accusations of family violence is frightening, but you are not powerless. The earlier you take control of your legal defense, the better your chances of protecting your future, your family, and your reputation.
The Law Office of Jennifer Scalia is committed to helping individuals in Cumming, Georgia, who are wrongly accused of family violence. We treat every case with discretion, professionalism, and urgency—because your life shouldn’t be defined by someone else’s false claims.Criminal Defense Attorney
📞 Call now: (470) 505-9791
📧 Email: jennifer@lawofficeofjenniferscalia.com
🌐 Visit: [LawOfficeofJenniferScalia.com]
