Georgia CommonsHB 191: Family violence; substitute service when respondent is avoiding service to delay a hearing; provide
Last action February 3, 2025 · House Second Readers
A Georgia House bill would let judges authorize alternative ways to serve family violence and dating violence petitions when a respondent is dodging service to stall a hearing.
The summaries below were written by an AI model (claude-sonnet-5) from the text of the bill and are not part of it. Quote the text, not the summary. The stored text is the Introduced version, the latest LegiScan holds.
In plain language
Under current Georgia law, if a court finds that someone being served with a family violence or dating violence protective order petition is deliberately avoiding service to delay a hearing, the judge's only option is to delay dismissal of the petition for up to 30 extra days. This bill would give judges an additional tool: the option to authorize substitute forms of service instead of, or alongside, that delay. The bill amends O.C.G.A. § 19-13-3 (family violence petitions) and O.C.G.A. § 19-13A-3 (dating violence petitions) so that a judge can allow service in person or by certified mail, by leaving papers with someone over 16 at the respondent's workplace or with a known relative if supported by an affidavit, or by publication or any other method likely to give the respondent notice. There is no separate effective date stated, so it would take effect under the state's standard rules once signed.
What the bill does
- Adds new methods of substitute service that judges may authorize when a respondent is found to be avoiding service to delay a family violence protective order hearing.
- Applies the same new substitute service options to dating violence protective order cases under O.C.G.A. § 19-13A-3.
- Allows service by leaving papers with a person over 16 years old at a location such as the respondent's workplace, if supported by a sworn affidavit.
- Allows service by publication or any other method the court finds reasonably likely to notify the respondent of the petition.
- Keeps the existing option for courts to simply delay dismissal of the petition for up to 30 additional days.
Who it affects
People petitioning for family violence or dating violence protective orders, respondents named in those petitions, and Georgia's superior courts and law enforcement or process servers who carry out service of legal papers.
Why it matters
When respondents dodge service, victims can face long delays or even dismissal of their protective order petitions. Giving courts more service options could let hearings proceed faster, potentially shortening the time a victim goes without protection while a respondent avoids being found.
Key provisions
- Section 1 revises subsection (e) of O.C.G.A. § 19-13-3 to let a court authorize substitute service instead of or in addition to delaying dismissal for family violence petitions.
- Section 1 lists three service methods: personal or certified mail delivery, leaving papers with someone over 16 at a specified location like a workplace, or service by publication or another effective method.
- Section 2 makes the identical changes to subsection (d) of O.C.G.A. § 19-13A-3, covering dating violence protective order petitions.
- Section 3 repeals any conflicting laws, a standard closing provision.
From the bill
“If the court finds a party is avoiding service to delay a hearing, the court may delay dismissal of the petition for an additional 30 days”
“By publication or any other manner that the affidavit or other evidence before the court shows will be reasonably effective to give the defendant notice of the petition.”
Status timeline
- House Second Readers (House)
- House First Readers (House)
- House Hopper (House)
Sponsors
- Angela Moore (D, HD-091)
- Terry Cummings (D, HD-039)
- Omari Crawford (D, HD-089)
- Samuel Park (D, HD-107)
- Anne Westbrook (D, HD-163)
- Stacey Evans (D, HD-057)
Topics
- family violence protective orders
- dating violence
- domestic relations law
- court procedure
- legal service of process