---
title: HB 191. Family violence; substitute service when respondent is avoiding service to delay a hearing; provide
collection: bills
id: 2025-2026/hb191
cite_as: HB 191, 2025-2026 Regular Session (Ga.)
canonical_url: https://georgiacommons.org/bills/2025-2026/hb191
md_url: https://georgiacommons.org/bills/2025-2026/hb191.md
text_url: https://georgiacommons.org/bills/2025-2026/hb191/text
source_url: https://www.legis.ga.gov/legislation/69687
date: 2025-02-03
status: introduced
corpus_version: bills-2026-09-13
license: Public record of the Georgia General Assembly, via LegiScan; see about.md
publisher: Georgia Commons, an independent project of Georgia Civic Data. Not the State of Georgia. Not legal advice.
up: https://georgiacommons.org/bills/2025-2026.md
previous: https://georgiacommons.org/bills/2025-2026/hb190.md
next: https://georgiacommons.org/bills/2025-2026/hb192.md
index: https://georgiacommons.org/bills/index.md
omitted: votes and history
omitted_chars: 129
omitted_url: https://georgiacommons.org/bills/2025-2026/hb191.md?full=1
bill_number: HB 191
session: 2025-2026 Regular Session
session_slug: 2025-2026
chamber: House
bill_type: bill
status_date: 2025-01-29
last_action: House Second Readers
sponsors:
- Angela Moore
- Terry Cummings
- Omari Crawford
- Samuel Park
- Anne Westbrook
- Stacey Evans
text_version: Introduced
has_text: true
legiscan_url: https://legiscan.com/GA/bill/HB191/2025
upstream_id: 1947681
summaries_model: claude-sonnet-5
topic_tags:
- family violence protective orders
- dating violence
- domestic relations law
- court procedure
- legal service of process
---
# HB 191. Family violence; substitute service when respondent is avoiding service to delay a hearing; provide
## Text
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,
so as to provide for substitute service when respondent is avoiding service to delay a hearing;
to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, is
amended in Chapter 13, relating to family violence, by revising subsection (e) of Code
Section 19-13-3, relating to petition seeking relief from family violence, temporary relief ex
parte, hearing, dismissal of petition upon failure to hold hearing, procedural advice for
victims, and delays, as follows:
"(e) 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 or may authorize service:
(1) By delivering the citation with a copy of the petition to the respondent in person or
by registered or certified mail, return receipt requested;
(2) Upon motion supported by affidavit, by leaving a true copy of the citation with a
copy of the petition attached with anyone over 16 years of age at the location specified
in the affidavit that can be an employee of the respondent's place of employment or a
known relative; or
(3) 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."
SECTION 2.
Said title is further amended in Chapter 13A, relating to dating violence protective orders,
by revising subsection (d) of Code Section 19-13A-3, relating to temporary relief to protect
from dating violence, hearing and evidentiary standard, non-attorney assistance, and delays,
as follows:
"(d) 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 or may authorize service:
(1) By delivering the citation with a copy of the petition to the respondent in person or
by registered or certified mail, return receipt requested;
(2) Upon motion supported by affidavit, by leaving a true copy of the citation with a
copy of the petition attached with anyone over 16 years of age at the location specified
in the affidavit that can be an employee of the respondent's place of employment or a
known relative; or
(3) 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."
SECTION 3.
All laws and parts of laws in conflict with this Act are repealed.
## Summaries written by Georgia Commons
The following was written by claude-sonnet-5 from the text above and is not part of the bill. Quote the text, not the summary.
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.
### Plain-language summary
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 it 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.
## Status
- Status: Introduced (2025-01-29)
- Last action: House Second Readers (2025-02-03)
- Sponsors: Angela Moore, Terry Cummings, Omari Crawford, Samuel Park, Anne Westbrook, Stacey Evans
- Official page: https://www.legis.ga.gov/legislation/69687
> The history, votes, and amendments (129 characters) are at https://georgiacommons.org/bills/2025-2026/hb191.md?full=1