HB1456: HB1456 Crimes and offenses; protective orders or consent agreements for victims against persons who have committed acts of sexual assault; provide

Georgia law already allows protective orders for family violence and stalking, but this bill would create a separate legal path for people who have been sexually assaulted, threatened with sexual assault, or placed in fear of it, even if the attacker is not a family member or intimate partner. The bill adds a new section to Georgia's sexual offenses law defining 'sexual assault' by listing specific crimes, including rape, sodomy, child molestation, sexual battery, incest, and several others. A victim (or a parent/guardian if the victim is under 18) could file a sworn petition asking a court for protection. If the petition shows probable cause that assault happened and might happen again, a judge could issue an emergency order right away, before a full hearing, and that order would be sent to the National Crime Information Center. After review, a court could issue a lasting protective order or approve an agreement requiring the attacker to stop the conduct and avoid harassing the victim or any minor in the household. Violating the order would be contempt of court and a misdemeanor crime. The bill borrows existing procedural rules used for family violence petitions to handle these new cases.

• Creates a new Georgia law (O.C.G.A. § 16-6-26) letting sexual assault victims petition a court for a protective order or consent agreement against their attacker.
• Defines 'sexual assault' for this purpose as a list of specific crimes including rape, sodomy, child molestation, sexual battery, incest, and trafficking for sexual servitude.
• Allows judges to issue an emergency ex parte order (granted before the other side is heard) if a sworn petition shows probable cause that assault occurred and may happen again.
• Requires any ex parte order to be sent immediately to the petitioner and to the National Crime Information Center.
• Makes violating a protective order or consent agreement issued under this section both contempt of court and a misdemeanor crime.
• Applies existing procedural rules from Georgia's family violence protective order statutes (O.C.G.A. §§ 19-13-2 through 19-13-5) to these new sexual assault petitions.

People who have experienced or been threatened with sexual assault, including minors whose parents or guardians file on their behalf, people accused of sexual assault who could face a protective order, and Georgia's superior courts and clerks of court, which would process these new petitions and forms.

Victims of sexual assault by someone outside their household or family, who may not currently qualify for a family violence protective order, would gain a specific legal tool to seek court protection, including fast emergency relief, and anyone who violates such an order would face criminal contempt and misdemeanor charges.

• Subsection (a) lists 13 specific Georgia crimes, from aggravated assault with intent to rape to computer pornography involving children, that count as 'sexual assault' under this new section.
• Subsection (b) lets any person subjected to, threatened with, or placed in fear of sexual assault file a sworn petition, with petitions by minors requiring a parent or guardian's signature.
• Subsection (c) sets the legal standard: the petitioner must prove sexual assault occurred by a preponderance of the evidence (more likely than not).
• Subsection (d) allows a judge to grant emergency ex parte temporary relief if the petition shows probable cause of past and possible future assault, with the order sent to the National Crime Information Center.
• Subsection (e) authorizes a full protective order or consent agreement requiring the respondent to stop the conduct and avoid harassing the petitioner or any minor in the household.
• Subsection (f) makes violating the protective order or consent agreement a misdemeanor crime.
• Subsection (g) borrows procedural rules from Georgia's existing family violence protective order statutes (O.C.G.A. §§ 19-13-2, 19-13-3, 19-13-4, and 19-13-5) for handling these petitions.

1. 2026-03-03House Second Readers (House)
2. 2026-02-26House First Readers (House)
3. 2026-02-25House Hopper (House)

• Marvin Lim (D, HD-098)Primary sponsor
• Karen Lupton (D, HD-083)
• David Wilkerson (D, HD-038)
• William Werkheiser (R, HD-157)

• sexual assault
• protective orders
• victim rights
• criminal law
• domestic and family violence law