Understanding Domestic Violence in Georgia Family Law Cases
Domestic violence can have a significant impact on divorce, child custody, and other family law matters in Georgia. If domestic violence is present in your situation, it is important to tell your attorney immediately.
Your attorney can help you understand your legal options, including whether to seek a protective order, document decisions you have made to protect yourself or your children, and prepare for issues that may arise during your family law case.
Why Domestic Violence Matters in a Georgia Family Law Case
Domestic violence is common, with millions of incidents occurring annually in the United States. The period surrounding separation or divorce can also be particularly dangerous.
If domestic violence is part of your situation, your attorney needs to know. This information can affect decisions involving safety, protective orders, child custody, parenting time, and the overall strategy for your case.
Safety Checklist: Before You Contact an Attorney
If you are in immediate danger, call 911.
Use this checklist to help you prepare safely. You do not need to complete every item before reaching out for help—your safety comes first.
Immediate Safety
- Identify a safe place you can go quickly, such as a friend’s home, family member’s home, shelter, or public place.
- Plan a safe route out of your home if you need to leave suddenly.
- Keep a phone accessible and charged at all times.
- Memorize important phone numbers, including trusted contacts, shelters, and hotlines.
- Create a code word or signal with trusted friends or family to indicate that you need help.
Documentation and Evidence
- Take photos of any injuries, visible bruising or marks, or property damage.
- Keep a journal with dates, times, and descriptions of incidents in a safe location.
- Save threatening texts, emails, voicemails, or social media messages. Screenshot and back them up when possible.
- Get copies of police reports or incident numbers if law enforcement was called.
- Ask medical providers to document injuries and keep copies of those records.
Important Documents
If it is safe to do so, gather copies of important documents and store them outside your home with a trusted person or in another secure location. These may include:
- Birth certificates for you and your children
- Social Security cards
- Photo identification, including driver’s licenses and passports
- Marriage certificates or divorce papers
- Financial records, including bank statements, tax returns, titles, and deeds
- Medical and immunization records
- School records
- Insurance policies and cards
- Protective orders or other court documents
Children, Pets, and Medications
- Know your children’s school and daycare emergency procedures.
- Have a plan for your children’s safety if you need to leave suddenly.
- Identify a safe place for pets. Many shelters cannot accommodate animals, so research pet-friendly options in advance.
- Keep essential medications accessible or have backup prescriptions.
- Pack an emergency bag for your children with comfort items, clothing, and other essentials.
Financial Safety
- Set aside emergency cash in a safe location if possible.
- Consider opening a bank account in your name only at a different financial institution, if it is safe to do so.
- Monitor joint accounts for unusual activity.
- Review your credit reports to help protect your financial security.
Technology and Privacy
Technology can create additional safety concerns in domestic violence situations. Consider taking precautions to protect your privacy.
- Change passwords on email, social media, and bank accounts using a safe device.
- Check phones and computers for tracking apps or spyware.
- Use a safe computer or device, such as one at a library, a trusted friend’s device, or a work computer, for confidential research when appropriate.
- Clear browser history after researching resources or legal information.
- Consider creating a separate phone number or email account that the other person does not know about.
- Be cautious about location-sharing settings on apps and social media.
Legal and Support Resources
- Contact the National Domestic Violence Hotline at 1-800-799-7233 for confidential, 24/7 support and safety planning.
- Research local domestic violence organizations and shelters in your area.
- When it is safe, consult with an attorney experienced in domestic violence and Georgia family law matters.
- Ask your attorney whether seeking a protective order may be appropriate in your situation.
Remember: You do not have to do everything at once. Take steps as you are able and reach out for support.
Safely Preparing Documentation Without Alerting an Abuser
One of the most critical—and most challenging—aspects of preparing for legal action involving domestic violence is gathering evidence and documentation without triggering an escalation in violence.
An abusive partner may closely monitor devices, communications, finances, or activities. Discovering that someone is preparing to leave or take legal action can increase the danger.
Every step you take should prioritize your immediate safety alongside your legal strategy.
Use Technology Carefully
Assume that a shared computer, tablet, or phone may not be safe for confidential research or communication.
Consider the following precautions:
- Use a device the other person cannot access. This could include a computer at a public library, a trusted friend’s phone, a work computer if permitted and safe, or another device or email account they do not know about.
- Protect your browsing activity. If you must use a shared device, consider private browsing and clearing browsing history when doing so is safe.
- Be cautious about spyware or tracking apps. If you discover monitoring software, removing it immediately could alert the other person. Consider speaking with a domestic violence advocate about the safest way to proceed.
- Review location-sharing services. Phones, social media accounts, maps, and even photo metadata can potentially reveal your location.
- Be cautious about social media. Avoid posting plans, locations, or information that could reveal that you are preparing to leave or seek legal assistance.
Document Incidents Safely
Keeping a detailed record of abuse may be important, but that documentation should be stored somewhere it cannot easily be discovered.
Keep a Confidential Record
Document dates, times, descriptions of incidents, names of witnesses, and details about injuries or property damage. When possible and safe, make entries soon after an incident while the details are fresh.
Store the journal outside your home or in another secure location the other person cannot access.
Photograph Injuries or Property Damage
Take photographs of bruises, cuts, marks, or property damage when it is safe to do so.
If you must use a device the other person can access, consider transferring the photographs to a secure location, confidential account, or trusted person.
Preserve Threatening Communications
Save threatening text messages, emails, voicemails, or social media messages. Screenshots and backup copies can help preserve this information.
Avoid deleting originals if doing so could alert the other person that you are preserving evidence.
Request Medical Documentation
When seeking treatment, ask medical providers to document injuries and request copies of relevant records. Store those records somewhere safe outside the home when possible.
Gather Important Documents Discreetly
Important documents may be needed during a divorce, custody dispute, protective order matter, or other Georgia family law proceeding.
Consider gradually and discreetly gathering copies of:
- Identification documents, including birth certificates, Social Security cards, driver’s licenses, passports, marriage certificates, and existing court orders
- Financial records, including bank statements, tax returns, mortgage or lease documents, vehicle titles, deeds, credit card statements, loan documents, and pay stubs
- Medical and school records for your children
- Health, auto, life, homeowners, or renters insurance information
When possible, take copies rather than originals. Removing original documents may alert the other person that you are preparing to leave.
Store copies outside your home with a trusted person or in another secure location.
Work With People You Trust
A safe support network can be extremely important.
Identify one or two trusted individuals who can help you. This may be a friend, family member, coworker, or domestic violence advocate.
You may also want to:
- Create a code word or signal that lets someone know you need immediate help.
- Ask a trusted person to hold copies of documents or an emergency bag.
- Identify somewhere safe you can go if you need to leave suddenly.
- Avoid discussing your plans with anyone who might intentionally or unintentionally share them with the other person.
Communicating With an Attorney or Domestic Violence Advocate
When you are ready to contact a Georgia family law attorney or domestic violence advocate, consider how you can communicate safely.
- Use a safe phone or email account that the other person cannot access.
- Call from a safe location if there is a risk that your conversation could be overheard.
- Ask about confidential methods of communication.
- Tell the attorney or advocate about your safety concerns when you first contact them.
An attorney who regularly handles family law matters involving domestic violence can take those concerns into account when determining how to communicate with you.
What If Your Abuser Discovers Your Plans?
If the other person discovers that you are gathering documentation or preparing to take legal action, prioritize your immediate safety.
If you believe you are in imminent danger, leave for a safe location and call 911 if you are being threatened or harmed.
You can also:
- Contact the National Domestic Violence Hotline at 1-800-799-7233 for immediate safety planning and support.
- Contact a domestic violence shelter in your area.
- Seek help from a trusted person.
- Avoid remaining in an unsafe situation simply to protect documents or other evidence.
Gathering documentation and preparing for legal action can be important, but your immediate safety takes priority.
Tell Your Family Law Attorney Everything
Disclose all relevant forms of violence or abuse to your attorney, including physical violence, emotional abuse, threats, or harm involving other family members.
It is also important to tell your attorney if you have engaged in violence. The other party may raise the issue during the case, and your attorney needs complete information to prepare appropriately.
Domestic Violence Resources in Georgia
Immediate Support
- National Hotline (24/7)
National Domestic Violence Hotline — 1-800-799-7233 - Georgia Statewide Hotline (24/7)
Georgia Coalition Against Domestic Violence — 1-800-334-2836
Metro-Atlanta Resources
Emergency Shelter & Crisis Support
- Partnership Against Domestic Violence — 404-873-1766 (Fulton/Gwinnett)
- Women’s Resource Center to End Domestic Violence — 404-370-7670 (DeKalb)
- Ahimsa House — 404-496-4038 (for clients with pets)
- Tapestri — 404-299-2185 (multilingual services)
- International Women’s House — 770-413-5557 (DeKalb)
Counseling & Support Groups
- Men Stopping Violence — conflict resolution & accountability programs
- LiveSafe Resources — 770-427-3390 (Cobb County)
You Are Not Alone
Domestic violence can add significant safety and legal concerns to divorce, child custody, and other Georgia family law matters. These cases require careful planning, confidentiality, and an understanding of how family law and personal safety intersect.
If domestic violence is affecting your family law case, the attorneys at Hedgepeth Heredia can help you understand your legal options and determine the appropriate next steps for your circumstances.
Contact Hedgepeth Heredia to schedule a confidential consultation with an experienced Georgia family law attorney.