In July 2023, the Georgia Court of Appeals released only one family law related opinion. No custody related cases were released.
Family Law Related Cases Released in July 2023:
Family Violence Hearings // Continuances
Jackson v. Peart, Case No. A23A1089, Georgia Court of Appeals, 7/26/23.
O.C.G.A. §19-13-3 sets out the procedure for obtaining a family violence protective order. The statute provides that a hearing at which the petitioner must prove the allegations by a preponderance of the evidence, must be held within 30 days of filing the petition. Unless the parties agree otherwise, if no hearing is held within 30 days, then the petition is dismissed as a matter of law, and the trial court is deprived of authority to issue a protective order. The trial court, however, may delay dismissal of the petition for an additional 30 days if it finds that the Defendant is avoiding service for the purpose of delay. As in the instant case, even though the parties agree to extend the initial hearing date to a later date, subsequent continuances, including those due to counsel’s trial conflicts, must also be agreed upon, or the petition stands statutorily dismissed.