Title 17, Chapter 4, Section 20.1
(a) Whenever a law enforcement officer responds to an incident in which an act of family violence, as defined in Code Section 19-13-1, has been committed, the officer shall not base the decision of whether to arrest and charge a person on the specific consent of the victim or on a request by the victim solely or on consideration of the relationship of the parties. No officer investigating an incident of family violence shall threaten, suggest, or otherwise indicate the arrest of all parties for the purpose of discouraging requests for law enforcement intervention.
(b) Where complaints of family violence are received from two or
more opposing parties, the officer shall evaluate each complaint
separately to attempt to determine who was the primary aggressor.
If the officer determines that one of the parties was the primary
physical aggressor, the officer shall not be required to arrest any
other person believed to have committed an act of family violence
during the incident. In determining whether a person is a primary
physical aggressor, an officer shall consider:
(1) Prior family violence involving either party;
(2) The relative severity of the injuries inflicted on each
(3) The potential for future injury; and
(4) Whether one of the parties acted in self-defense.
(c) Whenever a law enforcement officer investigates an incident of
family violence, whether or not an arrest is made, the officer shall
prepare and submit to the supervisor or other designated person a
written report of the incident entitled "Family Violence Report."
Forms for such reports shall be designed and provided by the Georgia
Bureau of Investigation. The report shall include the following:
(1) Name of the parties;
(2) Relationship of the parties;
(3) Sex of the parties;
(4) Date of birth of the parties;
(5) Time, place, and date of the incident;
(6) Whether children were involved or whether the act of family
violence was committed in the presence of children;
(7) Type and extent of the alleged abuse;
(8) Existence of substance abuse;
(9) Number and types of weapons involved;
(10) Existence of any prior court orders;
(11) Type of police action taken in disposition of case, the
reasons for the officer's determination that one party was the
primary physical aggressor, and mitigating circumstances for why
an arrest was not made;
(12) Whether the victim was apprised of available remedies and
(13) Any other information that may be pertinent.
(d) The report provided for in subsection (c) of this Code section
shall be considered as being made for statistical purposes only and
where no arrests are made shall not be subject to the provisions of
Article 4 of Chapter 18 of Title 50. However, upon request, a
defendant who has been arrested for an act of family violence or the
victim shall be entitled to review and copy any report prepared in
accordance with this Code section relating to the defendant.
(e) Each police department, including local precincts and county
sheriff departments, shall report, according to rules and
regulations of the Georgia Crime Information Center, all family
violence incidents, both arrests and nonarrests, to the Georgia
Bureau of Investigation, which shall compile and analyze statistics
of family violence crimes and cause them to be published annually in
the Georgia Uniform Crime Reports. An offense shall be counted for
each incident reported to the police. A zero shall be reported if
no incidents have occurred during the reporting period.