Domestic Violence, Arrests, and Police Response in Georgia
What happens when domestic violence is reported to police in Georgia, and how cases may move forward.
Police Response and Domestic Violence Charges in Georgia
Important Disclaimer
This page gives general information about how police and courts in Georgia often handle domestic violence (also called “family violence”) situations. It is not personal legal advice, does not create a lawyer–client relationship, and may not reflect every county’s practices. Laws and procedures can change, and details can vary by judge, prosecutor, and local policy.
When Police Respond to a Domestic Violence Call in Georgia
When someone calls 911 about suspected domestic or family violence in Georgia, police are usually dispatched to the location. Officers generally will:
- Separate the people involved, when possible, to speak with them individually
- Check for visible injuries and ask about non-visible injuries
- Look for signs of a struggle (broken items, disturbed furniture, damage to property)
- Identify any witnesses, including children or neighbours, and get statements when they can
- Ask if there are firearms or other weapons present
- Run warrant and criminal history checks on the adults involved
How Officers Decide Whether to Make an Arrest
Georgia officers are generally expected to investigate and decide whether there is “probable cause” that a crime occurred. They do not have to see the incident happen; they rely on what they observe and what people tell them.
To figure out whether to arrest someone, officers may consider:
- Statements from the people involved and any witnesses
- Visible injuries, even if minor, and who appears injured
- Size, strength, and physical ability differences between people involved
- Past calls to the same address or prior domestic-related reports
- Damage to property and signs of forced entry or restraint
- The presence or use of weapons, including threats with weapons
In many Georgia jurisdictions, officers are encouraged to identify a “primary aggressor” rather than arresting everyone involved. The primary aggressor is not always the person with no injuries; someone may be injured while defending themselves.
Police Report vs. Arrest vs. Prosecutor Charges
Several different steps can occur after police respond to a domestic-related call. They are related but not the same:
Police Report
A police report is a written record of what the officer observed and what people told them. It may include:
- Names and contact details of the people involved
- Descriptions of injuries and property damage
- Statements or summaries of statements
- Photographs, when taken
- Any decision about arrest or no arrest
A report can be made even if no one is arrested.
Arrest
An arrest happens when officers decide there is probable cause that a crime occurred and take someone into custody. The person may be:
- Handcuffed and transported to jail
- Booked (fingerprints, photograph, identifying information)
- Held until bond is set or a first appearance hearing occurs
An arrest is not the same as a conviction. It is an accusation that still has to go through the court process.
Prosecutor Filing Charges
After an arrest, the case file and report are usually sent to the prosecutor (often the Solicitor-General for misdemeanors or the District Attorney for felonies). The prosecutor then decides whether to:
- File formal criminal charges
- File different or fewer charges than the officer listed
- Decline to prosecute (“no charge” or “nolle prosequi” in some circumstances)
This decision may come days or weeks after the incident, depending on the office and the seriousness of the allegations.
What Usually Happens After an Arrest in Georgia
Processes can vary by county, but some common steps after a domestic-related arrest include:
Jail and First Appearance
- The arrested person is taken to a local jail and booked.
- They usually appear before a magistrate judge within a short period (often within 24–48 hours, depending on local practice and timing of arrest).
- The judge explains the basic accusations and the arrested person’s rights.
Bond (Bail) Decisions
The judge may:
- Set a bond (an amount of money or conditions for release)
- Deny bond, at least temporarily, in some serious or high-risk cases
- Impose special conditions for release, especially in family violence cases
Bond conditions in domestic cases often include:
- No contact with the other person, directly or through third parties
- Staying away from a home, workplace, or school
- Not possessing firearms while the case is pending
- Avoiding alcohol or drugs, if substance use is part of the concerns
Protective Conditions and Orders in the Criminal Case
The judge may include protective conditions within the bond order or a separate criminal “stay-away” order. Violating these conditions can lead to:
- Arrest for a new offense, such as violation of a family-violence-related order
- Revocation of bond and return to jail while the case is pending
Upcoming Court Dates
After bond is set and, if posted, the person is released, the case usually moves through stages such as:
- Arraignment (formal reading of charges and entering a plea)
- Pretrial hearings (motions, negotiations, status conferences)
- Trial, if the case is not resolved by plea or dismissal
The State’s Role vs. the Survivor’s Wishes
In Georgia, domestic violence cases are generally considered offenses against the State of Georgia, not just against one person. This means:
- The prosecutor decides whether to move forward, reduce, or dismiss charges.
- The person who experienced the alleged harm cannot “drop the charges,” although they may tell the prosecutor their wishes.
- Prosecutors may continue a case even if the survivor asks for it to end, especially if they believe there is ongoing risk.
The prosecutor may consider many factors, including:
- The severity of the alleged conduct and injuries
- Any history of prior incidents or protective orders
- The presence of weapons or threats to children
- Whether the survivor seems afraid, pressured, or unsafe
- The availability of other evidence, like 911 recordings or body-camera footage
Criminal Charges and Protective Orders
Georgia has both criminal domestic-violence-related cases and separate civil protective orders. They can exist at the same time and affect each other, but they are different processes.
Criminal No-Contact or Stay-Away Conditions
In the criminal case, the judge may order the accused person to have:
- No contact with the survivor (including calls, texts, social media, or messages through others)
- No contact with the home, workplace, or school
These conditions are tied to the criminal case and usually last while the case is pending, or as long as a probation sentence if the person is convicted and the court orders ongoing conditions.
Civil Family Violence Protective Orders (FVPOS)
Separately, a person can ask a civil court for a Family Violence Protective Order under Georgia law. This is a different case file from any criminal charges. Depending on the judge’s findings, a protective order may:
- Order the other person not to contact, harass, or harm
- Address temporary possession of a shared home
- Include conditions about firearms, depending on the circumstances
- Provide short-term relief about children’s contact or exchanges
Violating a valid protective order can itself be a crime and can also affect any criminal case already in progress.
Relationship to Family Law Issues
Domestic-violence-related criminal charges and protective orders can affect, but do not automatically decide, other family law matters in Georgia, such as divorce, custody, and child support.
Impact on Custody and Parenting Time
In family courts, judges must consider the safety and best interests of children. Evidence of family violence or protective orders may be considered when deciding:
- Where children live most of the time
- How and when parenting time (visitation) happens
- Whether exchanges of children should be supervised or in a safe location
A criminal conviction is not required for a family court to consider safety concerns. Judges may look at police reports, testimony, prior orders, and other evidence.
Housing, Support, and Property
Protective orders and criminal bond conditions can temporarily affect:
- Who stays in a shared home, even before a divorce is filed or completed
- Access to personal belongings and important documents
- The ability to communicate directly about money, bills, or children
Long-term decisions about property division, ongoing support, and permanent parenting plans are usually handled in a separate family law (civil) case, not through the criminal court.
Getting Individual Legal Guidance
Because every situation is different, and Georgia procedures vary by county and judge, individual legal advice from a licensed Georgia lawyer can be important for understanding options and risks in a specific case. Many communities have legal aid organizations or bar association referral services that can help connect people to legal information or representation.
Additional support options, including information on legal and safety resources, are also listed through services available at https://www.dv.support.