domestic violence defense.2212130904196 min

Domestic Violence Defense

Marietta Domestic Violence Defense Attorney


Domestic violence charges may lead to emotions such as anger, confusion, hurt and a sense of betrayal. Both the victim and the accused experience these emotions. Consult a domestic violence defense lawyer in Marietta, Georgia, to help you through the next steps.


If you are facing domestic violence charges and received a restraining order forbidding you to contact someone, obey the order. That is the first step in solving your problem. You are probably thinking, “I have been treated unfairly; I didn’t do it; I have a right to see my children.” All of which may be true, but more severe problems can arise if you disobey the order.


Domestic violence cases are difficult on all parties. If you are facing domestic violence charges, you are fighting a battle on two fronts. You probably saw the results of the civil action first. A temporary ex-parte order may have been issued. Ex-parte means only one side has presented their case to a judge. Quite possibly you spent 24 hours in jail. You also have been ordered to stay away from certain family members or someone with whom you had a child. The law provides for a hearing within 10 days. This part of the process is a civil action, and you will not face any additional jail time from the civil action unless you violate the order.

However, there is a corresponding criminal action; you can be sentenced to jail time by a criminal court. As stated before, the first step in solving your problem is to obey the restraining order. A person charged with criminal domestic violence has legal problems and is under a great deal of stress and confusion. A domestic violence defense lawyer may help with both issues.


Domestic violence statutes prohibit violent acts among certain classes of people. Those protected against acts of violence include current and former spouses, people who have a child in common, children, stepchildren, parents, stepparents, foster parents, foster children and persons currently living or who formerly lived in the same household. If a person in one of these classes assaults, batters, threatens to assault, stalks or destroys the property of a person in the protected class, they have committed domestic violence.

As with all charges, there are defenses to domestic violence charges. Often family violence is a he said, she said case. Do not be discouraged if you did not win the civil case. The plaintiff only has to prove its case by a preponderance of the evidence in a civil case. Preponderance of the evidence means the plaintiff just has to convince a judge that it is more likely than not that you are guilty. Moreover, a civil hearing can occur within 10 days. In a criminal case, the prosecutor has to prove the case beyond a reasonable doubt. Also, you and your attorney will have more time to prepare. An experienced criminal defense lawyer should be involved from the beginning of the process, even before the civil hearing. Although the first hearing will be a civil case, what you say in the civil case can be used against you in a subsequent criminal case. With all due respect to people who have been charged with family violence, frequently the biggest enemy they face is the person in the mirror.

A domestic violence charge shakes people to the core and upsets their daily living pattern. Emotions are high. Therefore, it is important to have an attorney to help keep you from making critical mistakes. Domestic violence cases, even misdemeanors, can affect your right to purchase, possess or carry firearms for the rest of your life. It is very important to speak with an experienced criminal defense lawyer if you want to preserve your 2nd Amendment rights.


Attorney Kim Frye formerly worked in a district attorney’s office as a prosecutor and now defends people accused of crimes. Because of our attorneys’ diverse experiences working both sides of the criminal law court, we know what to expect. Our team will investigate the facts of the case before it goes to trial. We will fight for your right to a fair trial. If a witness makes false statements, we will be ready to question them about inconsistencies in their testimony. We will hold the state to their burden of proof.

Our firm also knows that a domestic violence case is about more than legal facts, trials and plea bargains. People charged with domestic violence may be unable to see their children, hurt because they have been accused unfairly and uncertain of the future. Often domestic violence cases follow a pattern. An experienced attorney knows the patterns and how to help you. We know the law and the stress that the family is enduring.

Contact our defense lawyers for domestic violence charges in Marietta, GA today for a free consultation!


Get A Free Case Evaluation

Our Priority:


Contact Our Domestic Violence Defense Lawyers

If you have been charged with domestic violence violence, obey the court order. Next, call one of our attorneys. A civil hearing and a criminal case may be in your future, and you need legal representation.

Call our Marietta office at 770-273-9045 or use the online contact form.

Tell Us About Your Case

reviews v2 bg.2302031936305 min

What Our Clients Are Saying About Us

Tom Pastore
Tom Pastore
Anything less than the best is a felony! Frye law firm is a cut above the best. If I could give Kim Frye A million stars it still won't be enough her Beauty intelligence And superior ability to take control of the situation Is absolute! Thank you Kim frye .I could never thank you enough Her . team is truly the best All I could say is if you want the very best representation frye law firm is what you want! Thank you
Aishatu Garba
Aishatu Garba
I never in a million years saw myself needing a lawyer until I actually needed one. I did some research and reached out to Frye Law Group out of desperation. I was completely surprised at how quickly I was able to get in touch with someone for my consultation and set up a virtual appointment to speak with Kim. She was very nice, but very direct and honest. There was nothing sugarcoated which is what people really need to hear. She laid out my options and we went from there. Throughout the entirety of my case, communication was always there. I knew about court dates in advance, if I had questions, there is a dedicated line just for clients, and overall if you needed a firm to literally walk you through all the legal language, they made it easy to understand. I never had to set foot in the courtroom or come into the physical location of the firm which was super convenient. Everything was done through the client portal. Additionally, I really appreciate them for working with me financially. They say you get what you pay for and you really get the best service working with Kim and her team. Hands down! If you really are in a jam, it never hurts to reach out. With true honesty, faith, and a little patience you'll be glad you took the first step. I highly recommend Kim and her team over at Frye Law Group! If I ever needed legal assistance like I did, I would not hesitate to reach again. A++++
Dianne Harris
Dianne Harris
I have never needed a lawyer and wasn’t sure where to start. A friend referred us to Frye Law Group and so glad she did. As you walk into Kim Frye’s law firm, you see many accolades she has been awarded. During our initial meeting, Kim and Michael put us at ease listening to our situation, giving us recommendations and explaining the processes. Their communication was impeccable and so appreciated. We are very happy with the results (thanks Michael!) and highly recommend Frye Law Firm. We would definitely use again, but hoping the need doesn’t arise. :)
Robert M
Robert M
Kim is fierce against the prosecution, yet caring and encouraging toward those she defends. Kim and her team are committed to their promise of "Relentless Defense". She is the one you want standing up in your behalf.. hands down.
Warren “Venom Assassin” Smith
Warren “Venom Assassin” Smith
They do what they need to do to help you out with you case
Glenn Turner
Glenn Turner
I want thank the Frye Law Group for their relettless effort to getting Micheal Partin released from jail on several charges i believe they are the best law group in Georgia special thanks to Kim Frye and Kyle their new lawyer for their dedication to our case with relettless efforts for both of you, i will recommend Frye Law 100% always Thanks Glenn Turner
Tag Sawick
Tag Sawick
Frye Law Group is incredible. Someone is there to answer any questions you have and clearly communicate options. They give constant updates and help every step along the way.
LoryAnn Carrasco
LoryAnn Carrasco
I love this Law Group, you can trust their work and words. They will do everything in their power to help you win your case, better yet even dismiss it if can. They also work on my husband’s case and even tho they set a date they got it settled way before the date they give, that’s how fast they work. Truly a fast honest working group. I thank them for their awesome work. Definitely recommend.