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04 LC 28 1383
House Bill
1269
By: Representatives Forster of the 3rd, Post 1, Hill of the 81st, Greene-Johnson of the 60th, Post 3, Stephens of the 124th, Post 2, Rice of the 64th, and others
By: Representatives Forster of the 3rd, Post 1, Hill of the 81st, Greene-Johnson of the 60th, Post 3, Stephens of the 124th, Post 2, Rice of the 64th, and others
A BILL TO BE
ENTITLED
AN ACT
AN ACT
To amend Code Section 19-13-3 of the Official Code of
Georgia Annotated, relating to granting of temporary relief ex parte, so as to
require that temporary relief ex parte shall not be granted unless the facts
alleged in the petition for temporary relief are supported by an official police
report or unless the person against whom such relief is sought is given at least
two hours notice of the
petitioner´s
intent to seek such relief and is given an opportunity to appear and be heard in
response; to repeal conflicting laws; and for other
purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
SECTION 1.
Code Section 19-13-3 of the Official Code of Georgia
Annotated, relating to granting of temporary relief ex parte, is amended by
striking subsection (b) and inserting in lieu thereof a new subsection (b) to
read as
follows:
"(b) Upon the filing of a verified petition in which the petitioner alleges with specific facts that probable cause exists to establish that family violence has occurred in the past and may occur in the future, the court may order such temporary relief ex parte as it deems necessary to protect the petitioner or a minor of the household from violence. If the court issues an ex parte order, a copy of the order shall be immediately furnished to the petitioner. The court shall not order temporary relief ex parte unless either the facts alleged in the petition for temporary relief are supported by one or more police reports or the person against whom temporary relief is sought is given at least two hours notice of the intent of the petitioner to seek such temporary relief and is given an opportunity to appear and respond to such request for temporary relief."
"(b) Upon the filing of a verified petition in which the petitioner alleges with specific facts that probable cause exists to establish that family violence has occurred in the past and may occur in the future, the court may order such temporary relief ex parte as it deems necessary to protect the petitioner or a minor of the household from violence. If the court issues an ex parte order, a copy of the order shall be immediately furnished to the petitioner. The court shall not order temporary relief ex parte unless either the facts alleged in the petition for temporary relief are supported by one or more police reports or the person against whom temporary relief is sought is given at least two hours notice of the intent of the petitioner to seek such temporary relief and is given an opportunity to appear and respond to such request for temporary relief."
SECTION 2.
All laws and parts of laws in conflict with this Act are
repealed.