A Georgia court cannot make the main provisions of a family violence protective order run against both parties unless the respondent filed his or her own petition first.
What the Statute Says
OCGA 19-13-4(a) provides that a 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.”
Which Provisions the Limit Covers
The restricted paragraphs are the ones that do the real work of an order: (1) directing the respondent to stop the acts of family violence, (2) giving one party the residence and excluding the other, (5) ordering eviction or assistance retrieving property, (9) ordering the respondent to stop harassing or interfering, and (11) ordering psychiatric or psychological services.
An Example
In Williams v. Jones, 291 Ga. App. 395 (2008), an unmarried mother petitioned against the father of her infant. She acknowledged in her own petition that she had once damaged his property in reaction to his abuse of her. The father was served but filed nothing. The trial court then entered an order restraining both of them from harassing each other and requiring both to undergo a batterer’s intervention program and an alcohol and drug abuse evaluation. The Court of Appeals reversed those provisions, holding the court had no authority to enter them without a counter petition, and that she had received no notice she would have to defend a claim against herself.
Contact Us
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!