3 | 3 | | By: Representatives Cooper of the 45 |
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4 | 4 | | th |
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5 | 5 | | , Silcox of the 53 |
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6 | 6 | | rd |
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7 | 7 | | , Carpenter of the 4 |
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8 | 8 | | th |
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9 | 9 | | , Reeves of the |
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10 | 10 | | 99 |
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11 | 11 | | th |
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12 | 12 | | , and New of the 40 |
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13 | 13 | | th |
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14 | 14 | | |
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15 | 15 | | A BILL TO BE ENTITLED |
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16 | 16 | | AN ACT |
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17 | 17 | | To amend Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, |
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18 | 18 | | 1 |
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19 | 19 | | so as to provide protection for household pets in both family violence and dating violence2 |
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20 | 20 | | protective orders; to provide for a definition and an exclusion; to provide for related matters;3 |
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21 | 21 | | to repeal conflicting laws; and for other purposes. 4 |
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22 | 22 | | BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:5 |
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23 | 23 | | SECTION 1.6 |
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24 | 24 | | Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, is7 |
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25 | 25 | | amended in Code Section 19-13-4, relating to family violence protective orders and consent8 |
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26 | 26 | | agreements, contents, delivery to sheriff, expiration, and enforcement, by revising9 |
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27 | 27 | | subsection (a) as follows:10 |
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28 | 28 | | "(a) The court may, upon the filing of a verified petition, grant any protective order or11 |
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29 | 29 | | approve any consent agreement to bring about a cessation of acts of family violence. The12 |
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30 | 30 | | court shall not have the authority to issue or approve mutual protective orders concerning13 |
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31 | 31 | | paragraph (1), (2), (5), (9), or (11) of this subsection, or any combination thereof, unless14 |
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32 | 32 | | the respondent has filed a verified petition as a counter petition pursuant to Code Section15 |
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33 | 33 | | 19-13-3 no later than three days, not including Saturdays, Sundays, and legal holidays,16 |
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34 | 34 | | H. B. 177 |
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36 | 36 | | prior to the hearing and the provisions of Code Section 19-13-3 have been satisfied. The |
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37 | 37 | | 17 |
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38 | 38 | | orders or agreements may:18 |
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39 | 39 | | (1) Direct the respondent to refrain from such acts;19 |
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40 | 40 | | (2) Grant to a party possession of the residence or household of the parties and exclude20 |
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41 | 41 | | the other party from the residence or household;21 |
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42 | 42 | | (3) Require a party to provide suitable alternate housing for a spouse, former spouse, or22 |
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43 | 43 | | parent and the parties' child or children;23 |
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44 | 44 | | (4) Award temporary custody of minor children and establish temporary visitation rights;24 |
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45 | 45 | | (5) Order the eviction of a party from the residence or household and order assistance to25 |
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46 | 46 | | the victim |
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47 | 47 | | petitioner in returning to it, or order assistance in retrieving personal property26 |
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48 | 48 | | of the victim petitioner if the respondent's eviction has not been ordered;27 |
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49 | 49 | | (6) Order either party to make payments for the support of a minor child as required by28 |
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50 | 50 | | law;29 |
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51 | 51 | | (7) Order either party to make payments for the support of a spouse as required by law;30 |
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52 | 52 | | (8)(A) Provide for possession of personal property of the parties;,including the care,31 |
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53 | 53 | | custody, and control of any animal owned, possessed, kept, or held as a household pet32 |
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54 | 54 | | by either party or by a minor child living in the household or residence of either party. 33 |
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55 | 55 | | As used in this paragraph, the term 'household pet' means an animal kept for human34 |
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56 | 56 | | companionship and enjoyment or an animal which is owned or possessed by either35 |
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57 | 57 | | party or by a minor child living in the household or residence of either party. Such term36 |
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58 | 58 | | shall not include livestock, laboratory animals, working animals, sport animals, or any37 |
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59 | 59 | | other animal which is kept for a commercial purpose or for consumption.38 |
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60 | 60 | | (B) Order the respondent to refrain from doing any of the following with respect to any39 |
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61 | 61 | | animal owned, possessed, kept, or held as a household pet:40 |
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62 | 62 | | (i) Harassing or harming such household pet;41 |
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63 | 63 | | (ii) Taking, transferring, encumbering, or concealing such household pet; and42 |
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64 | 64 | | (iii) Engaging in any conduct that would be a violation of Code Section 16-12-4;43 |
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65 | 65 | | H. B. 177 |
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67 | 67 | | (9) Order the respondent to refrain from harassing or interfering with the victim44 |
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68 | 68 | | petitioner;45 |
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69 | 69 | | (10) Award costs and attorney's fees to either party; and46 |
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70 | 70 | | (11) Order the respondent to receive appropriate psychiatric or psychological services47 |
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71 | 71 | | as a further measure to prevent the recurrence of family violence."48 |
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72 | 72 | | SECTION 2.49 |
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73 | 73 | | Said title is further amended in Code Section 19-13A-4, relating to required findings of fact50 |
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74 | 74 | | and authority of court relative to dating violence protective orders, by revising subsection (b)51 |
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75 | 75 | | as follows:52 |
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76 | 76 | | "(b) The court may, upon the filing of a verified petition and as provided in subsection (a)53 |
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77 | 77 | | of this Code section, grant any protective order or approve any consent agreement to bring54 |
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78 | 78 | | about a cessation of acts of dating violence. The court shall not have the authority to issue55 |
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79 | 79 | | or approve mutual protective orders concerning paragraph (1), (3), or (5) of this subsection,56 |
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80 | 80 | | or any combination thereof, unless the respondent has filed a verified petition as a counter57 |
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81 | 81 | | petition pursuant to Code Section 19-13A-3 no later than three days prior to the hearing and58 |
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82 | 82 | | the provisions of Code Section 19-13A-3 have been satisfied. The orders or agreements59 |
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83 | 83 | | may:60 |
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84 | 84 | | (1) Direct the respondent to refrain from such acts;61 |
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85 | 85 | | (2)(A) Provide for possession of personal property of the parties;,including the care,62 |
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86 | 86 | | custody, and control of any animal owned, possessed, kept, or held as a household pet63 |
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87 | 87 | | by either party or by a minor child living in the household or residence of either party.64 |
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88 | 88 | | As used in this paragraph, the term 'household pet' means an animal kept for human65 |
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89 | 89 | | companionship and enjoyment or an animal which is owned or possessed by either66 |
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90 | 90 | | party or by a minor child living in the household or residence of either party. Such term67 |
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91 | 91 | | shall not include livestock, laboratory animals, working animals, sport animals, or any68 |
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92 | 92 | | other animal which is kept for a commercial purpose or for consumption.69 |
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93 | 93 | | H. B. 177 |
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95 | 95 | | (B) Order the respondent to refrain from doing any of the following with respect to any70 |
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96 | 96 | | animal owned, possessed, kept, or held as a household pet:71 |
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97 | 97 | | (i) Harassing or harming such household pet;72 |
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98 | 98 | | (ii) Taking, transferring, encumbering, or concealing such household pet; and73 |
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99 | 99 | | (iii) Engaging in any conduct that would be a violation of Code Section 16-12-4;74 |
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100 | 100 | | (3) Order the respondent to refrain from harassing or interfering with the petitioner;75 |
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101 | 101 | | (4) Award costs and attorney's fees to either party; and76 |
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102 | 102 | | (5) Order the respondent to receive appropriate psychiatric, psychological, or educational77 |
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103 | 103 | | services as a further measure to prevent the recurrence of dating violence."78 |
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104 | 104 | | SECTION 3.79 |
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105 | 105 | | All laws and parts of laws in conflict with this Act are repealed.80 |
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106 | 106 | | H. B. 177 |
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107 | 107 | | - 4 - |
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