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