House Bill 582 (the Survivor Justice Act) in Georgia
- sara2296
- Nov 18
- 2 min read
Updated: Nov 25

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.