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House Bill 582 (the Survivor Justice Act) in Georgia

  • sara2296
  • Nov 18
  • 2 min read

Updated: Nov 25

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If you or a loved one has been charged with a crime in Georgia and have a history of domestic

violence, dating violence, or child abuse, HB 582 (the Survivor Justice Act) can offer renewed

hope. Taking effect on July 1, 2025, this law is designed to ensure survivors of abuse are treated

fairly in the justice system.


Why HB 582 Matters

This legislation recognizes that sometimes acts otherwise considered crimes stem from a place

of survival. It's a major step toward making the law more compassionate and just for survivors.


Key Protections Under HB 582

1. Expanded Self-Defense (“Justification”)

Survivors can now introduce evidence of family violence, dating violence, or child abuse

committed by the alleged victim—not just in murder or manslaughter cases, but in a

wide range of prosecutions. Expert testimony on the survivor’s mindset is also permitted.

2. Broader Use of Coercion Defense

Previously limited, the coercion defense has been expanded. Survivors can use it in

nearly any criminal case (except malice murder) if they reasonably believed their actions

were necessary to avoid harm to themselves or another person.

3. Sentencing Mitigation for Survivors

At sentencing, survivors can present evidence that abuse significantly contributed to

their actions. This can lead to reduced sentences compared to standard penalties.

4. Resentencing Opportunities for Those Already Convicted

If you're currently incarcerated for a crime committed before HB 582 took effect—or if

you have new evidence of abuse—you can petition for resentencing. The court generally

presumes in favor of granting a hearing unless the case clearly lacks credibility.

Prosecutor agreement can speed up the process.

5. Confidentiality for Survivor-Victim Dialogues & Facilitators

The Act also protects communications made during victim-centered programs or

dialogue by providing legal privilege. Facilitators in these programs receive civil

immunity in most cases.


How HB 582 Could Affect You?

● Facing charges now? You can defend yourself using evidence of abuse as

context—transforming your case from being simply punitive to better reflecting WHY

you acted as you did.

● Facing sentencing? You can ask the court to consider your history of abuse when

deciding your sentence.

● Already serving time? You have a new legal path to ask for relief via resentencing.

● Need to talk or share your story? Dialogue programs and survivor-centered forums are

now legally protected spaces.



Scenario HB 582 Allows Defense Attorneys to:

At trial Present full abuse context via self-defense or coercion defenses.

At sentencing Use abuse history to argue for mitigation and reduced sentences.

Post-conviction Petition for resentencing based on new evidence or pre-existing convictions.

Dialogue participation Protected privilege for sharing in survivor-centered programs.



The Survivor Justice Act (HB 582) is a milestone in Georgia law. It finally brings compassion

and context into legal proceedings—and gives survivors meaningful opportunities to be heard,

understood, and justly treated. If your case involves a history of abuse, it’s crucial to work with

an attorney who understands how to leverage the protections HB 582 offers.


Sara Stewart has over 20 years of experience in criminal defense and implementing new Georgia

laws into her defense strategy. Call Sara Stewart today to get answers about how House Bill 582

can impact your case.

 
 
 

We serve clients throughout the Southeast, especially Georgia and Florida including, but not limited to, those in the following couties and cities: Fulton County including Alpharetta, Atlanta, East Point, Johns Creek, Milton, Roswell, Sandy Springs, and South Fulton; Cobb County including Acworth, Kennesaw, Mableton, Marietta, and Smyrna; DeKalb County including Brookhaven, Chamblee, Decatur, Dunwoody, and Tucker; and Gwinnett County including Duluth, Lawrenceville, Norcross, Peachtree Corners, Sugar Hill, and Suwanee.

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