HB191: HB191 Family violence; substitute service when respondent is avoiding service to delay a hearing; provide

25 LC 48 1403 House Bill 191 By: Representatives Moore of the 91st, Cummings of the 39th, Crawford of the 89th, Park of the 107th, Westbrook of the 163rd, 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 hear ing, 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 - 1 - 25 LC 48 1403 in the affidavit that can be an employee of the respondent's pl ace of employment or a17 known relative; or18 (3) By publication or any other manner that the affidavit or o ther 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 pl ace of employment or a32 known relative; or33 (3) By publication or any other manner that the affidavit or o ther 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 - 2 -