25 LC 57 0200/AP
House Bill 177 (AS PASSED HOUSE AND SENATE)
By: Representatives Cooper of the 45
th
, Silcox of the 53
rd
, Carpenter of the 4
th
, Reeves of the
99
th
, and New of the 40
th
A BILL TO BE ENTITLED
AN ACT
To amend Title 19 of the Official Code of Georgia Annotated, relating to domestic relations,
1
so as to provide protection for household pets in both family violence and dating violence2
protective orders; to provide for a definition and an exclusion; to provide for related matters;3
to repeal conflicting laws; and for other purposes. 4
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:5
SECTION 1.6
Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, is7
amended in Code Section 19-13-4, relating to family violence protective orders and consent8
agreements, contents, delivery to sheriff, expiration, and enforcement, by revising9
subsection (a) as follows:10
"(a) The court may, upon the filing of a verified petition, grant any protective order or11
approve any consent agreement to bring about a cessation of acts of family violence. The12
court shall not have the authority to issue or approve mutual protective orders concerning13
paragraph (1), (2), (5), (9), or (11) of this subsection, or any combination thereof, unless14
the respondent has filed a verified petition as a counter petition pursuant to Code Section15
19-13-3 no later than three days, not including Saturdays, Sundays, and legal holidays,16
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prior to the hearing and the provisions of Code Section 19-13-3 have been satisfied. The
17
orders or agreements may:18
(1) Direct the respondent to refrain from such acts;19
(2) Grant to a party possession of the residence or household of the parties and exclude20
the other party from the residence or household;21
(3) Require a party to provide suitable alternate housing for a spouse, former spouse, or22
parent and the parties' child or children;23
(4) Award temporary custody of minor children and establish temporary visitation rights;24
(5) Order the eviction of a party from the residence or household and order assistance to25
the victim
petitioner in returning to it, or order assistance in retrieving personal property26
of the victim petitioner if the respondent's eviction has not been ordered;27
(6) Order either party to make payments for the support of a minor child as required by28
law;29
(7) Order either party to make payments for the support of a spouse as required by law;30
(8)(A) Provide for possession of personal property of the parties;,including the care,31
custody, and control of any animal owned, possessed, kept, or held as a household pet32
by either party or by a minor child living in the household or residence of either party. 33
As used in this paragraph, the term 'household pet' means an animal kept for human34
companionship and enjoyment or an animal which is owned or possessed by either35
party or by a minor child living in the household or residence of either party. Such term36
shall not include livestock, laboratory animals, working animals, sport animals, or any37
other animal which is kept for a commercial purpose or for consumption.38
(B) Order the respondent to refrain from doing any of the following with respect to any39
animal owned, possessed, kept, or held as a household pet:40
(i) Harassing or harming such household pet;41
(ii) Taking, transferring, encumbering, or concealing such household pet; and42
(iii) Engaging in any conduct that would be a violation of Code Section 16-12-4;43
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(9) Order the respondent to refrain from harassing or interfering with the victim44
petitioner;45
(10) Award costs and attorney's fees to either party; and46
(11) Order the respondent to receive appropriate psychiatric or psychological services47
as a further measure to prevent the recurrence of family violence."48
SECTION 2.49
Said title is further amended in Code Section 19-13A-4, relating to required findings of fact50
and authority of court relative to dating violence protective orders, by revising subsection (b)51
as follows:52
"(b) The court may, upon the filing of a verified petition and as provided in subsection (a)53
of this Code section, grant any protective order or approve any consent agreement to bring54
about a cessation of acts of dating violence. The court shall not have the authority to issue55
or approve mutual protective orders concerning paragraph (1), (3), or (5) of this subsection,56
or any combination thereof, unless the respondent has filed a verified petition as a counter57
petition pursuant to Code Section 19-13A-3 no later than three days prior to the hearing and58
the provisions of Code Section 19-13A-3 have been satisfied. The orders or agreements59
may:60
(1) Direct the respondent to refrain from such acts;61
(2)(A) Provide for possession of personal property of the parties;,including the care,62
custody, and control of any animal owned, possessed, kept, or held as a household pet63
by either party or by a minor child living in the household or residence of either party.64
As used in this paragraph, the term 'household pet' means an animal kept for human65
companionship and enjoyment or an animal which is owned or possessed by either66
party or by a minor child living in the household or residence of either party. Such term67
shall not include livestock, laboratory animals, working animals, sport animals, or any68
other animal which is kept for a commercial purpose or for consumption.69
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(B) Order the respondent to refrain from doing any of the following with respect to any70
animal owned, possessed, kept, or held as a household pet:71
(i) Harassing or harming such household pet;72
(ii) Taking, transferring, encumbering, or concealing such household pet; and73
(iii) Engaging in any conduct that would be a violation of Code Section 16-12-4;74
(3) Order the respondent to refrain from harassing or interfering with the petitioner;75
(4) Award costs and attorney's fees to either party; and76
(5) Order the respondent to receive appropriate psychiatric, psychological, or educational77
services as a further measure to prevent the recurrence of dating violence."78
SECTION 3.79
All laws and parts of laws in conflict with this Act are repealed.80
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