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:
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.
19-13-2. Jurisdiction of superior court.
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.
19-13-3. Filing of petition seeking relief from family violence;
granting of temporary relief ex parte; hearing; dismissal of petition
upon failure to hold hearing; procedural advice for victims.
(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
( 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
(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
19-13-4 Protective orders and consent agreements; contents;
issuing copy of order to sheriff; expiration; enforcement.
The court may, upon the filing of a verified petition, grant
any protective order or approve any consent agreement to bring
about a cessation of acts of family violence. The orders or
(1) Direct a party to refrain from such acts;
(2) Grant to a spouse possession of the residence or household
of the parties and exclude the other spouse from the residence
(3) Require a party to provide suitable alternate housing
for a spouse and his or her 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 a party to refrain from harassing or interfering
with the other;
(10) Award costs and attorney's fees to either party; and
(11) Order either or all parties 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
(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.
19-13-5 Supplemental nature of remedies provided by article.
remedies provided by this article are not exclusive but are
additional to any other remedies provided by law.
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