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*** CODE SECTION ***
19-13-1. Terms.
As used in this article, the term "family violence" means
the occurrence of one or more of the following acts between
past or present spouses, persons who are parents of the same
child, parents and children, stepparents and stepchildren, foster
parents and foster children, or other persons living or formerly
living in the same household:
(1) Any felony; or
(2) Commission of offenses of battery, simple battery, simple
assault, assault, stalking, criminal damage to property, unlawful
restraint, or criminal trespass.
The term "family violence" shall not be deemed to include
reasonable discipline administered by a parent to a child in
the form of corporal punishment, restraint, or detention.
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19-13-2. Jurisdiction.
(a) Except for proceedings involving a nonresident
respondent, the superior court of the county where the respondent
resides shall have jurisdiction over all proceedings under this
article.
(b) For proceedings under this article involving
a nonresident respondent, the superior court where the petitioner
resides or the superior court where an act involving family
violence allegedly occurred shall have jurisdiction, where the
act involving family violence meets the elements for personal
jurisdiction provided for under paragraph (2) or (3) of Code
Section 9-10-91.
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19-13-3. Order of Protection
- Provisions
(a) A person who is not a minor may seek relief under this
article by filing a petition with the superior court alleging
one or more acts of family violence. A person who is not a minor
may also seek relief on behalf of a minor by filing such a petition.
(b) Upon the filing of a verified petition in which the petitioner
alleges with specific facts that probable cause exists to establish
that family violence has occurred in the past and may occur
in the future, the court may order such temporary relief ex
parte as it deems necessary to protect the petitioner or a minor
of the household from violence. If the court issues an ex parte
order, a copy of the order shall be immediately furnished to
the petitioner.
(c) Within ten days of the filing of the petition under this
article or as soon as practical thereafter, but in no case later
than 30 days after the filing of the petition, a hearing shall
be held at which the petitioner must prove the allegations of
the petition by a preponderance of the evidence as in other
civil cases. In the event a hearing cannot be scheduled within
the county where the case is pending within the 30 day period
the same shall be scheduled and heard within any other county
of that circuit. If a hearing is not held within 30 days, the
petition shall stand dismissed unless the parties otherwise
agree.
(d) Family violence shelter or social service agency staff
members designated by the court may explain to all victims not
represented by counsel the procedures for filling out and filing
all forms and pleadings necessary for the presentation of their
petition to the court. The clerk of the court may provide forms
for petitions and pleadings to victims of family violence and
to any other person designated by the superior court pursuant
to this Code section as authorized to advise victims on filling
out and filing such petitions and pleadings. The clerk shall
not be required to provide assistance to persons in completing
such forms or in presenting their case to the court. Any assistance
provided pursuant to this Code section shall be performed without
cost to the petitioners. The performance of such assistance
shall not constitute the practice of law as defined in Code
Section 15-19-51
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19-13-4. Orders of Protection
- Provisions.
(a) The court may, upon the filing of a verified
petition, grant an 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;
(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) Order the respondent to refrain from harassing
or interfering with the victim;
(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.
(b) A copy of the order shall be issued
by the clerk of the superior court to the sheriff of the county
wherein the order was entered and shall be retained by the sheriff
as long as that order shall remain in effect.
(c) Any such orders granted under this Code
section shall not remain in effect for more than six months;
provided, however, that upon the motion of a petitioner and
notice to the respondent and after a hearing, the court in its
discretion may convert a temporary order granted under this
Code section to a permanent order.
(d) A protective order issued pursuant to
this Code section shall apply and shall be effective throughout
this state. It shall be the duty of every superior court and
of every sheriff, every deputy sheriff, and every state, county,
or municipal law enforcement officer within this state to enforce
and carry out the terms of any valid protective order issued
by any court under the provisions of this Code section.
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19-13-5. Remedies.
The remedies provided by this article are not exclusive
but are additional to any other remedies provided by law.
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19-13-6. Violation of Order
of Protection.
(a) A violation of an order issued pursuant to
this article may be punished by an action for contempt.
(b) Any person who violates the provisions of a
domestic violence order which excludes, evicts, or excludes
and evicts that person from a residence or household shall be
guilty of a misdemeanor.
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