Domestic Violence Defense Attorney in Marietta, GA
A charge is not a conviction — but it can feel that way when your freedom, your children, and your rights are all on the line at once.
If you've been charged with a family violence offense in Cobb County or Cherokee County, you need an attorney who understands how Georgia prosecutors think. I'm Lisa Wells, and before I started defending people, I was the one building these cases. That experience is now on your side.
What a Georgia Family Violence Charge Actually Means
Georgia's family violence statute is broader than most people realize. It covers assault, battery, stalking, harassment, and property crimes — and it applies not just to spouses, but to intimate partners, former partners, cohabitants, and same-sex relationships.
Being arrested under this statute triggers two separate legal tracks simultaneously. The criminal case moves through the court system, but a Temporary Protective Order proceeding can happen faster — and the consequences of getting that wrong are immediate. Both require legal attention right away.
Collateral consequences are where many clients are caught off guard:
A domestic violence conviction triggers automatic federal firearms restrictions, regardless of whether the offense was a misdemeanor or felony
Family court judges can and do consider domestic violence charges in custody proceedings — even before a conviction
A conviction stays on your record and can affect employment, housing, and professional licensing
Protective orders can restrict where you live, where you go, and who you contact
This is why how you respond in the first 24 to 48 hours matters more than most people understand.
The quantity in your case matters enormously. So does how the evidence was obtained.
Charged under the VGCSA as Schedule II, III, or IV depending on the substance
Heroin
Prescription drugs without a valid prescription
MDMA (ecstasy)
Schedule I; any amount is a felony with serious sentencing exposure
Schedule I; felony possession with elevated penalties
"The Accuser Wants to Drop the Charges — So This Is Over, Right?"
This is the most common misconception I hear from clients, and it's important to address it directly: in Georgia, the alleged victim does not control whether charges are pursued. The state does.
Georgia prosecutors can — and frequently do — proceed with domestic violence charges without the alleged victim's cooperation. They can use prior statements, 911 recordings, photographs, and other evidence to build a case even if the accuser recants or refuses to testify. The individual who made the initial report is not the plaintiff. The State of Georgia is.
If you're waiting for the other person to "drop it," you may be losing the window to build an effective defense. The time to act is now, not after the next court date.
How I Defend Domestic Violence Charges in Cobb County
Every case is different, but the approach is consistent: I investigate before I negotiate, and I challenge before I concede.
Step 1:
Review Every Piece of Evidence the State Has
I examine 911 call recordings, officer body camera footage, written statements, medical records, and any prior allegations. What the police report says and what the evidence actually shows are often two different things.
Step 2:
Investigate the Accuser's Account
False allegations happen. Motive matters. I look at the full history — text messages, prior complaints, relationship dynamics, and witness statements — to build a defense that challenges the accuser's narrative directly, not just responds to it.
Step 3:
Address the Protective Order Proceeding Separately
A TPO hearing moves on its own timeline, often before the criminal case has progressed at all. I represent clients at these hearings to prevent unnecessary restrictions from becoming permanent and to protect your access to your home, your children, and your daily life.
Step 4:
Pursue the Best Outcome for Your Specific Situation
That may mean a dismissal, a reduction in charges, or a negotiated resolution that avoids conviction and its long-term consequences. I've been practicing criminal defense since 2000. I know what Cobb County prosecutors are willing to do — and where they have room to move.
Why Clients in Cobb and Cherokee Counties Choose Lisa Wells
I'm not a billboard firm. You work with me directly, from the first consultation through the resolution of your case. My clients don't get handed off to a paralegal or a junior associate — they get an attorney who has been on the other side of these cases and knows exactly how the state approaches them.
Former Cobb County prosecutor with over 25 years of criminal defense experience
Named Georgia Super Lawyer — a credential awarded based on peer recognition and professional achievement
Regular legal commentator on Law & Crime Network and Court TV
Proven results: charges reduced, cases dismissed, clients protected from collateral consequences
Approachable, direct communication — I'll tell you the truth about where your case stands
Frequently Asked Questions About Domestic Violence Charges in Georgia
What happens if you are charged with domestic violence in Georgia?
A domestic violence charge in Georgia — formally called a family violence offense — triggers both a criminal case and a potential civil protective order proceeding. You may be required to appear in court, comply with bond conditions, and respond to a TPO hearing, sometimes within days of your arrest. A conviction can result in jail time, fines, probation, a permanent criminal record, loss of firearm rights under federal law, and consequences in any related family court proceedings. The charge alone, before any conviction, can affect custody arrangements.
Can the victim drop domestic violence charges in Georgia?
No. In Georgia, the alleged victim does not have the authority to drop charges once law enforcement has made an arrest. The decision to pursue or dismiss charges belongs to the prosecutor. Even if the alleged victim recants, refuses to cooperate, or requests that the case be dropped, the state can proceed using 911 recordings, prior statements, photographs, and other evidence. This is one of the most important things to understand early in a domestic violence case.
Will a domestic violence charge affect my custody case?
It can. Georgia family courts are required to consider evidence of family violence when making custody decisions. A domestic violence charge — even without a conviction — may be raised in custody proceedings. A conviction significantly strengthens the opposing party's position. This is one reason why resolving the criminal case effectively matters beyond the criminal courtroom itself.
Will I lose my gun rights if convicted of domestic violence in Georgia?
Under federal law, a conviction for a misdemeanor crime of domestic violence triggers a lifetime prohibition on possessing firearms. This applies even to misdemeanor convictions — not just felonies. It is one of the most significant and often overlooked collateral consequences of a domestic violence conviction, and it is a central consideration in how I approach plea negotiations and case strategy.
What if the domestic violence accusation is false?
False allegations do occur, and the criminal justice system does not automatically sort them out. A skilled defense requires investigating the full picture: the accuser's motive, the history of the relationship, prior allegations, text messages, and witness accounts. An accusation is not a conviction. My job is to challenge what the prosecution claims happened — not simply respond to it.
Do I need a lawyer for a domestic violence charge in Georgia even if it's my first offense?
Yes. Even a first-offense family violence conviction carries consequences that extend well beyond the sentence itself — including your firearm rights, your record, and your standing in any custody matter. The way your case is handled from the first court appearance forward affects every outcome that follows. Early legal representation gives you the best opportunity to challenge the charge before the state's case solidifies.
Serving Clients Across Cobb and Cherokee Counties
My office is located in Marietta and I represent clients throughout Cobb County, including Kennesaw, Smyrna, Powder Springs, and Acworth, as well as clients in Woodstock, Canton, and surrounding Cherokee County communities. If you've been charged with a family violence offense anywhere in this region, I'm available to talk.
Your Next Step Starts With a Conversation
If you've been charged with a domestic violence offense in Cobb or Cherokee County, the decisions you make right now will shape everything that follows. I offer free consultations — no pressure, no judgment, just an honest conversation about where your case stands and what your options are.
Call (678) 223-4975 or submit the form below to request your free defense consultation today.
