A standing order is an order a Georgia court can issue as soon as a domestic case is filed, restraining both parties from certain conduct while the case is pending.
What the Statute Allows
Under OCGA 19-1-1(b), “[u]pon the filing of any domestic relations action, the court may issue a standing order” which, upon notice, binds the parties, “their agents, servants, and employees, and all other persons acting in concert with such parties.”
The statute then lists what such an order restrains: removing the children from the court’s jurisdiction, threatening or harassing the other party or the children, and selling or encumbering property. Each carries its own exceptions.
It Says “May,” and Circuits Write Their Own
The statute permits a standing order. It does not require one, and it does not create a single statewide order. Whether one applies to you depends on the court your case is in. In Seiz Joint Venture, LLC v. Seiz, 290 Ga. 719 (2012), the order at issue was the Standing Order for the Tallapoosa Judicial Circuit. In Higdon v. Higdon, 321 Ga. App. 260 (2013), an “Automatic Domestic Standing Order” also barred the parties from “altering, suspending, or terminating any active insurance coverage” – something the statute never mentions. Read the order you were served, not a summary of it.
Violating One, and Getting It Changed
A standing order is enforceable by contempt, but contempt requires a willful violation. In Higdon, the Court of Appeals upheld a refusal to hold a wife in contempt for dropping her husband from her insurance, because the record showed her conduct was not willful.
If a term does not fit your situation, OCGA 19-1-1(c) provides that on a party’s written motion the standing order “shall be reviewed by the court at any rule nisi hearing.”
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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!