1 | 1 | | 25 LC 48 1403 |
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2 | 2 | | House Bill 191 |
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3 | 3 | | By: Representatives Moore of the 91 |
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4 | 4 | | st |
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5 | 5 | | , Cummings of the 39 |
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6 | 6 | | th |
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7 | 7 | | , Crawford of the 89 |
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8 | 8 | | th |
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9 | 9 | | , Park of |
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10 | 10 | | the 107 |
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11 | 11 | | th |
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12 | 12 | | , Westbrook of the 163 |
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13 | 13 | | rd |
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14 | 14 | | , and others |
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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 for substitute service when respondent is avoiding service to delay a hearing;2 |
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20 | 20 | | to provide for related matters; to repeal conflicting laws; and for other purposes.3 |
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21 | 21 | | BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:4 |
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22 | 22 | | SECTION 1.5 |
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23 | 23 | | Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, is6 |
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24 | 24 | | amended in Chapter 13, relating to family violence, by revising subsection (e) of Code7 |
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25 | 25 | | Section 19-13-3, relating to petition seeking relief from family violence, temporary relief ex8 |
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26 | 26 | | parte, hearing, dismissal of petition upon failure to hold hearing, procedural advice for9 |
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27 | 27 | | victims, and delays, as follows:10 |
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28 | 28 | | "(e) If the court finds a party is avoiding service to delay a hearing, the court may delay11 |
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29 | 29 | | dismissal of the petition for an additional 30 days or may authorize service: |
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30 | 30 | | 12 |
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31 | 31 | | (1) By delivering the citation with a copy of the petition to the respondent in person or13 |
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32 | 32 | | by registered or certified mail, return receipt requested;14 |
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33 | 33 | | (2) Upon motion supported by affidavit, by leaving a true copy of the citation with a15 |
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34 | 34 | | copy of the petition attached with anyone over 16 years of age at the location specified16 |
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35 | 35 | | H. B. 191 |
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36 | 36 | | - 1 - 25 LC 48 1403 |
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37 | 37 | | in the affidavit that can be an employee of the respondent's place of employment or a17 |
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38 | 38 | | known relative; or18 |
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39 | 39 | | (3) By publication or any other manner that the affidavit or other evidence before the19 |
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40 | 40 | | court shows will be reasonably effective to give the defendant notice of the petition."20 |
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41 | 41 | | SECTION 2.21 |
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42 | 42 | | Said title is further amended in Chapter 13A, relating to dating violence protective orders,22 |
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43 | 43 | | by revising subsection (d) of Code Section 19-13A-3, relating to temporary relief to protect23 |
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44 | 44 | | from dating violence, hearing and evidentiary standard, non-attorney assistance, and delays,24 |
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45 | 45 | | as follows:25 |
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46 | 46 | | "(d) If the court finds a party is avoiding service to delay a hearing, the court may delay26 |
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47 | 47 | | dismissal of the petition for an additional 30 days or may authorize service:27 |
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48 | 48 | | (1) By delivering the citation with a copy of the petition to the respondent in person or28 |
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49 | 49 | | by registered or certified mail, return receipt requested;29 |
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50 | 50 | | (2) Upon motion supported by affidavit, by leaving a true copy of the citation with a30 |
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51 | 51 | | copy of the petition attached with anyone over 16 years of age at the location specified31 |
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52 | 52 | | in the affidavit that can be an employee of the respondent's place of employment or a32 |
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53 | 53 | | known relative; or33 |
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54 | 54 | | (3) By publication or any other manner that the affidavit or other evidence before the34 |
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55 | 55 | | court shows will be reasonably effective to give the defendant notice of the petition."35 |
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56 | 56 | | SECTION 3.36 |
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57 | 57 | | All laws and parts of laws in conflict with this Act are repealed.37 |
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58 | 58 | | H. B. 191 |
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59 | 59 | | - 2 - |
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