A Georgia judge can order your spouse to stop doing something while your divorce is pending, and that power is broader in a divorce than in an ordinary lawsuit.
What the Law Says
OCGA 9-11-65 sets out the usual rules for restraining orders and injunctions, but it expressly carves out actions for divorce, alimony, separate maintenance, and custody. In those cases the judge may enter prohibitive or mandatory orders on whatever terms the court thinks just, with or without notice and with or without a bond. Under OCGA 9-5-8, injunctions rest in the judge’s sound discretion, and Georgia courts treat that power as one to be used cautiously rather than as a matter of routine.
What an Order Can Reach
In Roberts v. Roberts, 226 Ga. 203 (1970), the trial court enjoined both spouses from “communicating with, molesting in any manner, or harassing each other.” Both were later held in contempt. The husband drew consecutive twenty-day jail sentences on three counts, and the Georgia Supreme Court held that “in any manner” reached indirect harassment as well as direct – including conduct aimed at the wife’s attorney and her children.
An Order That Sweeps Too Far Is Void
In Maloof v. Maloof, 231 Ga. 811 (1974), a temporary order enjoined each parent from discussing the other with the children at all. The husband was held in contempt of that provision and lost his visitation. The Georgia Supreme Court reversed. Even though the court could have required the parents to refrain from making derogatory remarks about each other in front of the children, an order barring any discussion at all was unreasonable and void.
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This post is a quick overview of the law and is not intended as legal advice. Please feel free to contact our office for a consultation if you have questions about this or any other legal aspects regarding your case!