Peter K. Odom Criminal Law Blog on Lawyers.com

Atlanta authorities see domestic violence and domestic abuse as unique legal area

Thursday, May 14, 2009 by Peter K. Odom

As a criminal defense attorney in the Atlanta area and a former state prosecutor, I’ve seen a lot of changes over the past 18 years in how law enforcement and the courts view domestic violence and domestic abuse cases.

The Atlanta area sees a larger than expected number of this type of criminal charge. Over the last 20 years or so, domestic violence has become a buzz word in the legal community. Prosecutors and police officers have become aware of domestic violence as a whole subsection of criminal activity.

Police departments now have units devoted to domestic violence. Prosecutor’s offices often have units devoted just to crimes against women and children which include the crimes of domestic violence.

Domestic violence crimes are crimes that are classified are under the broad umbrella of domestic violence now in many states including Georgia. They have special penalties under federal law, such as that domestic violence convictions can result in permanent prohibition for owning a weapon.

Charges of domestic violence in Atlanta, for example, differ from those of regular assault or battery. Whereas a bar fight might result in a charge of battery, assault, or aggravated assault, if that same assault gets committed in the privacy of the home of a wife to a husband, or a husband to a wife, it is ratcheted up a notch in terms of how it’s viewed by the system.

Domestic violence and domestic abuse cases are treated differently in how they are investigated, how they move through the prosecutorial system, and how judges treat them. In effect, it’s become a sub-specialty of criminal law.

About the author: A sexual assualt lawyer in Atlanta, Peter Odom has appeared multiple times on CNN's Nancy Grace show, which reports on high-profile crimes in the national news.

The Odom Law Firm, The Brookwood Exchange, 1708 Peachtree Street, Suite 115, Atlanta, GA 30309.

Posted at 18:39 PM

Topic: Criminal Law