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03 LC 22 5146
House Bill
799
By: Representatives Snow of the 1st, and Day of the 126th
By: Representatives Snow of the 1st, and Day of the 126th
A BILL TO BE
ENTITLED
AN ACT
AN ACT
To amend Code Section 19-13-4 of the Official Code of
Georgia Annotated, relating to protective orders and consent agreements relating
to family violence, so as to revise a provision prohibiting certain mutual
protective orders; to provide that a court may order a party to refrain from
harassing or interfering with another party; to repeal conflicting laws; and for
other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
SECTION 1.
Code Section 19-13-4 of the Official Code of Georgia
Annotated, relating to protective orders and consent agreements relating to
family violence, is amended by striking subsection (a) and inserting in lieu
thereof the
following:
"(a) The court may, upon the filing of a verified petition, grant any protective order or approve any consent agreement to bring about a cessation of acts of family violence. The court shall not have the authority to issue or approve mutual protective orders concerning paragraph (1), (2), (5),(9), or (11) of this subsection, or any combination thereof,
unless the respondent has filed a verified petition as a counter petition
pursuant to Code Section 19-13-3 no later than three days, not including
Saturdays, Sundays, and legal holidays, prior to the hearing and the provisions
of Code Section 19-13-3 have been satisfied. The orders or agreements
may:
(1) Direct the respondent to refrain from such acts;
(2) Grant to a party possession of the residence or household of the parties and exclude the other party from the residence or household;
(3) Require a party to provide suitable alternate housing for a spouse, former spouse, or parent and the parties´ child or children;
(4) Award temporary custody of minor children and establish temporary visitation rights;
"(a) The court may, upon the filing of a verified petition, grant any protective order or approve any consent agreement to bring about a cessation of acts of family violence. The court shall not have the authority to issue or approve mutual protective orders concerning paragraph (1), (2), (5),
(1) Direct the respondent to refrain from such acts;
(2) Grant to a party possession of the residence or household of the parties and exclude the other party from the residence or household;
(3) Require a party to provide suitable alternate housing for a spouse, former spouse, or parent and the parties´ child or children;
(4) Award temporary custody of minor children and establish temporary visitation rights;
(5) Order the eviction of a party from the residence or
household and order assistance to the victim in returning to it, or order
assistance in retrieving personal property of the victim if the
respondent´s
eviction has not been ordered;
(6) Order either party to make payments for the support of a minor child as required by law;
(7) Order either party to make payments for the support of a spouse as required by law;
(8) Provide for possession of personal property of the parties;
(9) Orderthe respondent a party to refrain from harassing
or interfering with the victim another
party;
(10) Award costs and attorney´s fees to either party; and
(11) Order the respondent to receive appropriate psychiatric or psychological services as a further measure to prevent the recurrence of family violence."
(6) Order either party to make payments for the support of a minor child as required by law;
(7) Order either party to make payments for the support of a spouse as required by law;
(8) Provide for possession of personal property of the parties;
(9) Order
(10) Award costs and attorney´s fees to either party; and
(11) Order the respondent to receive appropriate psychiatric or psychological services as a further measure to prevent the recurrence of family violence."
SECTION 2.
All laws and parts of laws in conflict with this Act are
repealed.