It is not uncommon that we see a person accused of a violent act against a person that has long been their abuser. Up until now, a prior history of being a victim of domestic violence would not necessarily justify a violent act towards one’s abuser. A new Georgia law, The Georgia Survivor Justice Act (HB 582) is a transformative measure designed to acknowledge the realities of trauma and abuse faced by survivors of domestic violence and child abuse- and to adjust the criminal justice system accordingly.

Key Provisions of the Act

1. Expanded Self‑Defense and Justification

• Survivors can now expand how they present self‑defense claims. Instead of requiring a defendant to prove that they were in fear of imminent harm, a defendant can explain the history of abuse to justify their actions. Evidence of past abuse—such as police reports, medical records, eyewitness statements, and expert testimony—is admissible to explain defensive actions.

2. Sentencing Mitigation and Structure

• A major component of HB 582 is its sentencing reforms. Survivors can introduce evidence showing that abuse significantly contributed to their offenses to reduce sentences if they are convicted.

3. Resentencing Pathway for Those Already Incarcerated (O.C.G.A. § 17‑10‑1(g)(2))

People currently serving sentences for offenses committed before July 1, 2025, may petition for resentencing:

• Eligibility triggers include new evidence of abuse not introduced at the original sentencing or convictions predating the law’s effective date.
• The law presumes favorably toward granting hearings unless the petition appears unreliable. Prosecutorial agreement expedites granting it.

Why Does This Matter for Criminal Defense?

• Reframing the Narrative: HB 582 encourages criminal defense lawyers to build robust narratives that incorporate clients’ trauma and abusive histories—not just technical legal arguments.
• Better Justice, Fairer Sentencing: Judges must now weigh abuse context in sentencing, offering room for more just outcomes, including earlier parole or reformative options.
• Reflects Modern Understanding of Abuse: Recognizing that victims often act under prior trauma, HB 582 aligns Georgia’s justice system with current research and advocacy consensus.

The Survivor Justice Act marks a watershed moment in criminal defense, particularly for survivors of domestic violence and child abuse. By enabling courts to consider the full context of abuse in defense strategies, sentencing, and resentencing, the law ensures survivors’ actions are understood in light of the trauma they endured.

This legislation doesn’t just reform legal procedures—it humanizes the legal process. For criminal defense attorneys in Georgia, HB 582 is both a powerful tool and a mandate to elevate empathy and context in representing survivors. It’s a critical piece in ensuring justice truly serves those who need it most.

If you have been charged with a violent crime and feel that your actions were justified because you are a survivor of domestic violence, call us at 404-581-0999. We would be honored to represent you and help tell your story.