When a spouse has moved out of the family home but has not really settled anywhere else, a Georgia court may find that venue lies in either county.
What the Family Violence Act Says
OCGA 19-13-2(a) provides that, except where the respondent is a nonresident, “the superior court of the county where the respondent resides shall have jurisdiction over all proceedings under this article.” That tracks the constitutional rule for divorce, which also puts the case in the defendant’s county. The Act does not define “resides.”
Two Counties Can Both Be Right
Davis-Redding v. Redding, 246 Ga. App. 792 (2000), is the leading case. The husband had left the Clayton County family home and was staying at his brother’s house in Henry County. After an incident there, the wife filed for a protective order in Clayton County, which dismissed it on the ground that he lived in Henry County. A Henry County judge then declined to take the petition because he had shown no intention of staying there.
The Court of Appeals reversed, holding that “in a family violence case in which the respondent has left the family home but has not avowed an intention to remain in his new location, venue is proper both in the county of the family’s residence and in the county to which the respondent has relocated.” Divorce cases already require “some flexibility in the application of our jurisdictional and venue rules,” the court said, and “even more flexibility may be required” where the filing is meant to stop family violence.
The Judge Cannot Raise Venue for Your Spouse
The husband in Davis-Redding never objected to venue. Because improper venue is a defense that can be waived, the Court of Appeals held that the trial court “was not authorized to dismiss the petition on its own” for that reason.
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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!