HB 325: Domestic relations; Protective Order Registry; revise certain definitions

Georgia's Protective Order Registry currently lists protective orders issued by state courts against people accused of family violence or stalking. This bill expands that system to cover Georgia's organized militia (the state's military forces, including the National Guard). It lets a militia member who says another member is stalking them file a petition with a military judge, similar to how someone would seek a protective order in civil court. The bill lays out how the petition moves through the chain of command, sets deadlines for hearings, and describes what a military judge can order, including temporary emergency relief and permanent protective orders or consent agreements. It also updates the definition of a military judge, gives military judges contempt powers similar to civilian courts, and makes disobeying one of these protective orders punishable by court-martial. The changes take effect July 1, 2025.

• Adds military judges and military protective orders to the list of orders recognized by the Georgia Protective Order Registry (O.C.G.A. § 19-13-51).
• Creates a new legal process (O.C.G.A. § 38-2-1006.1) letting a member of the organized militia petition a military judge for a protective order against another member accused of stalking.
• Sets deadlines requiring a hearing within 45 days of a petition and notice to both parties at least five days before the hearing.
• Gives military judges contempt powers matching those of civilian courts under O.C.G.A. § 15-1-4, with penalties up to 30 days confinement or a $1,000 fine.
• Makes it a court-martial offense to knowingly disobey a protective order or consent agreement issued under this new process (O.C.G.A. § 38-2-1092).
• Redefines 'military judge' to mean a qualified commissioned officer of the militia or armed forces rather than someone detailed by a convening authority.

Members of Georgia's organized militia, including National Guard personnel, who may seek or be subject to these new protective orders. It also affects military judges, unit commanders who must process and serve petitions, and law enforcement officers and courts responsible for enforcing the orders statewide.

Militia members accused of stalking a fellow member would now face a dedicated legal process, including emergency orders, hearings, and court-martial consequences for violations. Adding these orders to the statewide registry means civilian law enforcement and courts can also recognize and enforce them.

• Section 1 revises O.C.G.A. § 19-13-51 to include military judges and militia protective orders in the Protective Order Registry's definitions.
• Section 2 redefines 'military judge' in O.C.G.A. § 38-2-1001 to require specific officer qualifications rather than convening-authority appointment.
• Section 3 adds new O.C.G.A. § 38-2-1006.1, creating the full petition, hearing, and enforcement process for militia stalking protective orders, including a rebuttable presumption of jurisdiction if either party was on federal or state active duty.
• Section 3 also specifies that such orders expire when the respondent leaves the organized militia, except during active federal military service.
• Section 4 revises O.C.G.A. § 38-2-1048 to give military judges added contempt powers matching civilian courts and allows court-martial or discipline in addition to contempt punishment.
• Section 5 revises O.C.G.A. § 38-2-1092 to make disobeying a militia protective order or consent agreement a court-martial offense.
• Section 6 sets the effective date as July 1, 2025.

1. 2025-05-12Effective Date 2025-07-01
2. 2025-05-12Act 130
3. 2025-05-12House Date Signed by Governor (Cámara de Representantes)
4. 2025-04-08House Sent to Governor (Cámara de Representantes)
5. 2025-04-02Senate Passed/Adopted (Senado)
6. 2025-04-02Senate Third Read (Senado)
7. 2025-03-21Senate Read Second Time (Senado)
8. 2025-03-20Senate Committee Favorably Reported (Senado)

• Reynaldo Martinez (R, HD-111)Patrocinador principal
• Josh Bonner (R, HD-073)
• Matt Reeves (R, HD-099)
• David Clark (R, HD-100)
• Rob Leverett (R, HD-123)
• Brian Strickland (R, SD-042)

1. AprobadaVotación: Cámara de Representantes4 de marzo de 2025

   168 a favor, 0 en contra (8 sin votar, 4 ausentes)

   Passage: House Vote #158

2. AprobadaVotación: Senado2 de abril de 2025

   52 a favor, 0 en contra (0 sin votar, 4 ausentes)

   Passage: Senate Vote #393

• domestic relations
• protective orders
• military justice
• stalking
• National Guard