Domestic Violence and Georgia Family Court
How allegations of domestic violence may impact custody and parenting time decisions in Georgia.
Domestic Violence Issues in Georgia Family Court
Types of Cases Georgia Family Courts Handle
Family courts in Georgia deal with many issues that can overlap with domestic violence concerns. Common types of cases include:
- Divorce: Legal ending of a marriage, including decisions about property, debts, and sometimes spousal support (alimony).
- Child custody: Who has legal decision-making authority for a child and where the child primarily lives.
- Parenting time (visitation): When and how each parent spends time with the child, including holidays and school breaks.
- Child support: How much one parent pays to help cover the child’s basic needs, such as housing, food, and clothing.
Domestic violence information may be considered in several of these areas, especially custody and parenting time, and sometimes in decisions about temporary financial support.
How Domestic Violence Concerns May Be Raised
In Georgia family court, concerns about domestic violence can come to the court’s attention in different ways. Some common sources include:
- Statements in court papers: A person may describe incidents of abuse or threats in affidavits, petitions, answers, or motions filed with the court.
- Protective orders: Existing or past family violence protective orders (often called restraining orders) may be provided to the court as part of a family law case.
- Police records: Police reports, incident logs, or arrest records can sometimes be submitted as evidence to show a history of violence or threats.
- Criminal court records: Convictions, pending charges, or probation conditions related to family violence may be relevant.
- Medical or other documentation: Medical notes, counselling records (where legally permitted), photos, or messages can sometimes be used to show patterns of harm or control.
- Testimony in court: A person, witnesses, or professionals such as custody evaluators may talk about domestic violence in hearings or trials.
Protective Orders and Their Role in Family Court
Family violence protective orders in Georgia are separate from divorce or custody cases but often interact with them. For example:
- A protective order may include temporary custody and temporary parenting time terms.
- It can set limits on contact, such as no-contact or contact only about the children.
- It may order a person to stay away from a home, workplace, or school.
- It may be considered later by a judge in a divorce or custody case when deciding what is safest for the child and the survivor.
If a protective order exists, it is often important for the family court judge to see it. Different Georgia courts may have different procedures for sharing this information.
Best-Interest-of-the-Child Ideas in Simple Terms
In Georgia, when courts make decisions about custody and parenting time, they focus on what is in the “best interest of the child.” While the exact legal wording is more detailed, in simple terms judges often look at ideas such as:
- Which arrangements help the child feel safe and stable.
- The child’s basic needs: food, housing, medical care, schooling, and emotional support.
- The child’s relationship with each parent and with brothers, sisters, and other important people.
- How each parent has taken care of the child in the past (daily routines, school, health, activities).
- Each parent’s ability and willingness to meet the child’s needs going forward.
- Whether there has been violence, threats, or controlling behaviour in the home.
- Whether a parent tries to involve the child in adult conflicts or speaks badly about the other parent in harmful ways.
How Domestic Violence History Can Affect Custody and Parenting Time
A history of domestic violence may influence how a Georgia court structures custody and parenting time. While outcomes vary by case, courts often pay attention to:
- Pattern and severity: Whether the violence was isolated or ongoing, and whether it involved serious threats, weapons, or injuries.
- Who was targeted: Abuse toward the other parent, the children, or others in the household.
- Impact on the children: Whether children saw or heard the violence, showed fear or stress, or were directly harmed.
- Recent behaviour: Whether the concerning behaviour is ongoing, has escalated, or has changed over time.
- Compliance with orders: Whether the abusive person followed previous court orders, including protective orders and conditions about contact.
- Substance use and other risks: Any additional safety issues that affect the child’s environment.
Depending on the facts, a domestic violence history may affect:
- Which parent has primary physical custody.
- Who has legal decision-making authority for the child.
- How frequent and how long visits are.
- Whether exchanges happen in person, in a public place, or through a third party.
- Whether certain behaviours are clearly prohibited in the parenting plan.
Courts may try to balance the child’s need for safety with the idea that children can benefit from healthy relationships with both parents, where safe and appropriate.
Supervision and Conditions on Contact for Safety
When there are safety concerns, Georgia family courts may place limits on parenting time. These limits are meant to reduce risk, not to punish, and can take different forms, such as:
- Supervised parenting time: Visits occur in the presence of a neutral supervisor, such as a professional center or another responsible adult approved by the court.
- Monitored exchanges: A safe place or monitored process is used for pick-ups and drop-offs, so the adults do not have direct contact.
- Specific conditions: Requirements such as no use of alcohol or drugs before or during visits, or compliance with treatment or programs ordered by the court.
- Limits on communication: Contact may be restricted to certain topics (for example, only about the child) and specific tools, like a parenting app, email, or text, instead of in-person contact.
- Step-by-step changes: Parenting time may start with more supervision or restrictions and later be adjusted if the court is satisfied that safety risks have changed.
Why Speaking With a Georgia Family Law Attorney Matters
Domestic violence issues in family court are complex. Georgia law has specific rules, timelines, and forms, and judges may handle safety concerns differently in different counties. For these reasons, it can be helpful to:
- Consult a Georgia family law attorney who understands local courts and procedures.
- Ask about how domestic violence may affect custody, parenting time, child support, and property issues in your situation.
- Learn about possible options for protective orders and how they interact with divorce or custody cases.
- Discuss ways to share information about violence with the court while considering safety and privacy.
Some people qualify for free or low-cost legal help. Local legal aid offices, bar associations, and domestic violence organizations can often provide referrals. Additional support options across the United States can also be found through resources listed at DV.Support.