Domestic Violence Attorney in Cumming

Your Trusted Defense Team for Domestic Violence Charges in Forsyth County

If you face domestic violence charges in Cumming, your reputation and freedom are on the line. At The Epps Law Group, our criminal defense team provides clear guidance and steady support for people accused of family violence or related offenses in North Georgia. 

Our domestic violence lawyer in Cumming focuses on helping you understand your options and protecting your rights at each stage of the legal process. We know the stakes are high, so we prioritize both your future and your peace of mind from the very beginning.

Call a trusted domestic violence attorney in Cumming immediately. We are former prosecutors available 24/7 and offer free consultations. Contact The Epps Law Group at (678) 257-4507 or contact us online today.

Defining Domestic Violence Under Georgia Law

In Georgia, domestic violence is a legal designation applied to certain underlying crimes when the alleged act occurs between individuals with a specified relationship.

Qualifying Relationships

The relationship requirement is broad and includes:

• Past or present spouses.
• Parents and children (including stepparents and stepchildren).
• Persons who are parents of the same child.
• Persons living or formerly living in the same household (e.g., roommates).

Common DV Offenses We Defend

When committed within one of the above relationships, the following underlying charges become Family Violence offenses:

• Simple Battery (O.C.G.A. § 16-5-23): Intentionally making physical contact of an insulting or provoking nature, or causing visible physical harm. A first offense is a Misdemeanor of a High and Aggravated Nature.
• Battery (O.C.G.A. § 16-5-23.1): Intentionally causing substantial or visible bodily harm.
• Simple Assault (O.C.G.A. § 16-5-20): Attempting to commit a violent injury or placing another person in reasonable apprehension of immediately receiving a violent injury.
• Crucial Warning: Unlike a regular battery charge, a second conviction for Family Violence Battery in Georgia is automatically upgraded to a Felony, punishable by up to five years in prison.

The Immediate Consequences of a Domestic Violence Arrest

An arrest for domestic violence triggers immediate and severe restrictions that you must challenge instantly.

The Mandatory 48-Hour Hold

In many jurisdictions, including Forsyth County, there is a mandatory holding period—often 24 to 48 hours—before you are brought before a judge for a bond hearing. This time is used by police and prosecutors to strengthen their case, and you need a lawyer working immediately to argue for your timely release and fair bond conditions.

The Automatic No-Contact Order (TPO)

Upon release, the court will almost certainly issue a Temporary Protective Order (TPO), or a condition of bond, that prohibits all contact with the alleged victim and often excludes you from your own home. Violating this TPO—even accidentally—is a separate criminal offense. We immediately fight the terms of this order to protect your access to your residence and children.

Federal Loss of Firearm Rights

A conviction for even a misdemeanor DV offense results in a lifetime ban on possessing firearms under federal law. This loss affects your Second Amendment rights, career options (especially for law enforcement or security personnel), and any recreational use of firearms. Our primary goal is always to secure a dismissal or a plea reduction to a non-DV offense to protect these rights.

Domestic violence charges in Georgia can be misdemeanors or felonies. Factors like past incidents, injuries, or protective order violations determine potential penalties.

Understanding Local Domestic Violence Cases & Court Procedures

Legal procedures for domestic violence cases differ based on the facts and location. Forsyth County law enforcement responds promptly to all family violence calls, and under state law, police often must make an arrest when probable cause exists. 

After arrest, a first appearance hearing generally occurs at the Forsyth County courthouse. The judge can impose strict bond conditions or no-contact orders immediately, often before formal prosecution begins.

Judges in Cumming weigh many factors—prior history, family dynamics, and the events behind an arrest—before setting conditions for release or access to shared homes. Accused individuals may need to comply with assessment services or counseling, depending on the case and any standing orders.

With local knowledge, we explain the timeline of hearings, what to expect at each stage, and common options available to those charged with domestic violence. Our guidance helps you act quickly, reduce risks, and avoid common missteps.

Our Former Prosecutor’s Defense Strategy

Our team’s experience as former prosecutors gives us an unparalleled advantage: we know how the State’s case files are built, the weaknesses they hide, and the evidence needed to force a dismissal in the Cumming courts.

• Challenging the Primary Aggressor Theory: Police are often required to arrest the "primary aggressor." We launch an immediate investigation to gather evidence—witness testimony, medical records, and 911 transcripts—to prove that you acted in self-defense or defense of property against the true aggressor.
• Refuting the "No-Drop" Policy: In Georgia, once charges are filed, the case proceeds even if the alleged victim asks to drop the charges. We know that the State proceeds on the police report and initial statements. We work to provide the prosecutor with compelling evidence of a recantation, false accusation, or motive for lying (such as divorce or custody disputes) to legally justify a dismissal.
• Attacking Witness Credibility: We meticulously scrutinize the alleged victim's testimony and the police officer's observations, using our trial experience to expose inconsistencies, bias, or fabrication in the narrative.
• Seeking Pre-Trial Diversion: For first-time offenders, we aggressively pursue diversion programs that involve mandatory counseling in exchange for the charges being dismissed and restricted from your public record.

Why Choose Our Criminal Defense Team for Your Case

At The Epps Law Group, we believe every client deserves an approach centered on their unique circumstances. Our criminal defense team, led by Attorney Kyle E. Epps, III, offers:

• Personalized legal strategies: We adapt our approach to the facts of your specific case, looking for opportunities based on your goals and concerns.
• Consistent communication: We keep you informed, answer your questions, and give practical guidance, so you always understand the next step.
• Local experience: Our insight into local courts and law enforcement practices throughout Forsyth County gives you a practical edge in domestic violence cases.
• Innovative problem-solving: Our team develops creative defense strategies to pursue the best possible resolution for your case.

We value building trust with our clients by providing attentive, judgment-free support from the first consultation through the case’s final outcome. Clients working with The Epps Law Group tell us our open communication and steady advocacy make a measurable difference during a stressful time. 

Our reputation in the Forsyth County courts helps us anticipate and respond to various challenges throughout your defense.

What to Expect from Our Defense Process

From your first call, we commit to honest, practical support. Our intake process for domestic violence cases in Cumming starts with a clear, private conversation. We answer your urgent questions, review all facts you share, and explain immediate next steps.

• Consultation & assessment: We listen to your concerns, answer urgent questions, and review the details of your case.
• Strategy development: Our team reviews the prosecutor’s evidence and builds a tailored defense plan based on your priorities and circumstances.
• Ongoing guidance: We update you at each stage, provide preparation for court appearances, and explain your options as your case moves forward.
• Real support: We offer reliable support—addressing your worries, helping you make informed decisions, and focusing on practical steps to protect your future.

Our team stands by you from the first appearance through final resolution. We answer calls promptly, keep you updated on case changes, and help you plan for all court dates. 

Having handled numerous domestic violence cases in Forsyth County, we know how area judges and prosecutors approach everything from pretrial release to plea options. Our approach supports you through every challenge, aiming to reduce your stress and help you regain confidence and control at each turn.

Contact Our Domestic Violence Lawyer in Cumming Today

No one should face domestic violence charges alone. When you reach out to The Epps Law Group, you connect with a dedicated defense team focused on your rights and your future. We treat every case with compassion, clarity, and a commitment to honest communication. 

By providing informed answers and reliable support from the very first call, we make it easier to move forward and make confident decisions about your next steps.

Call (678) 257-4507 or fill out this online form to discuss your situation and start building your defense.

FAQs

What is considered domestic violence under Georgia law?

Georgia law defines domestic violence as certain crimes committed between people with a specific relationship, such as spouses, former partners, parents and children, or household members. These offenses often include assault, battery, stalking, or threats of harm.

How can a domestic violence charge affect my record?

A conviction may result in a permanent criminal record, loss of firearm rights, and additional limitations on employment or housing opportunities. Even an arrest can have social and personal effects, especially if protective orders are involved.

What happens at a first court appearance for domestic violence?

The first appearance typically involves a judge reviewing charges, setting bond conditions, and determining any restrictions—such as no-contact orders. You will have an opportunity to address basic issues, including bond, with guidance from your legal counsel.

Are there alternatives to jail for domestic violence offenses?

Some cases may qualify for pretrial diversion, counseling arrangements, or negotiated agreements that aim to reduce penalties. The availability of alternatives depends on your criminal history, the facts involved, and the discretion of local prosecutors and courts.

Should I speak to law enforcement about my case?

You have the right to remain silent and seek legal advice before speaking with police. Legal counsel can help you understand how your statements may be used and advise you on the best course of action in your circumstances.

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