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.
Personal service of orders for protection, restraining orders, and related notices provided; law enforcement officers required to make reasonable efforts to locate respondents; certain orders for protection and harassment restraining orders allowed to be served by mail; mail orders dismissing harassment restraining orders mail service allowed; probation agents and others required to assist law enforcement officers in locating respondents; notice of served orders for protection or harassment restraining orders required to be provided to probation officers; Task Force on Domestic Violence and Firearms established; and report required.
Relating to child protective services suits, motions, and services by the Department of Family and Protective Services and to the licensing of certain facilities, homes, and agencies that provide child-care services.