Criminal Law

What is the difference between the simple battery 16-5-23…

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what is the difference between the simple battery 16-5-23 charge and domestic violence simple battery in Georgia ?... Read full answer
what is the difference between the simple battery 16-5-23 charge and domestic violence simple battery in Georgia ?
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Answered in 8 minutes by:
12/7/2016
Lucy, Esq.
Lucy, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 32,543
Experience: Criminal Justice Degree, JD with Criminal Law Concentration. Worked for the DA and U.S. Attorney.
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Hi,

Thank you for opening a new question.

Domestic violence simple battery is the act of causing physical or bodily harm to "between past or present spouses, persons who are parents of the same child, parents and children, stepparents and stepchildren, foster parents and foster children, or other persons living or formerly living in the same household". Code of Georgia, Section 16-5-23.1(f).

Simple battery is a misdemeanor. A first conviction of domestic violence battery is also a misdemeanor, but the consequences get harsher for subsequent convictions. A second conviction is a felony. Also, a person who has been convicted of a crime of domestic violence will lose their ability to carry a firearm. Either charge could make it more difficult to get a visa or greencard, although it's possible to seek an exception if you only have one charge.

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Customer reply replied 2 years ago
If the husband gets charged with a simple battery for a small incident at home, after getting bail can he stay in the same house with wife ?

Usually not.

The wife can get a restraining order when the charges are filed. The judge can also order the accused person not to go home.

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Customer reply replied 2 years ago
NoThanks for your help

You're welcome.

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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 32,543
Experience: Criminal Justice Degree, JD with Criminal Law Concentration. Worked for the DA and U.S. Attorney.
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