Georgia House Bill HB1311

Georgia 2023-2024 Regular Session

• Introduced: 2/16/24

Caption

Dating violence protective orders; provide for substitute service when respondent is avoiding service to delay a hearing

Impact

The bill proposes amendments that would allow courts to utilize various methods for serving respondents, which may include delivering documents personally, sending them via registered or certified mail, leaving documents with someone at the respondent's workplace, or utilizing public notice methods if traditional service fails. These adjustments are aimed at facilitating timely judicial processes in cases of dating violence, thus enforcing quicker protective measures that can potentially safeguard victims.

Summary

House Bill 1311 seeks to amend Chapter 13A of Title 19 of the Official Code of Georgia Annotated, specifically focusing on dating violence protective orders. The primary objective of this bill is to introduce provisions for substitute service in circumstances where a respondent is actively avoiding service, thereby delaying court proceedings. The changes are intended to ensure that individuals seeking protective orders can still have their petitions heard even when the respondent is uncooperative or evading legal notice.

Contention

While the bill is framed as a necessary step towards improving access to justice for victims of dating violence, there may be points of contention regarding the balance of legal due process for respondents. Critics could argue that broadening the methods of service could lead to potential abuses or miscommunications, where individuals may not receive adequate notice of legal actions being taken against them. This highlights the ongoing tension in legal reforms aimed at protecting victims while ensuring fair treatment of all parties involved.