Resources
Legal Resources
Georgia Laws Relevant to Domestic Violence
To access the Georgia General Assembly website for information regarding Senators, Representatives, bills and Georgia Codes click here: http://www.legis.state.ga.us/
VictimLaw is a user-friendly database of victims’ rights laws. Visit http://www.victimlaw.info/victimlaw/http://www.victimlaw.info/victimlaw/
Georgia Superior Court Domestic Violence Benchbook--3rd Edition NOW AVAILABLE ONLINE on the Institute of Continuing Judicial Education’s website.
CONTENTS
This resource starts with five chapters containing extensive information on domestic violence statutory and case law in both civil and criminal courts.
Appendices provide information including but not limited to immigrant and refugee laws and issues, the taking of weapons in civil cases, dynamics and assessing lethality in domestic violence cases, mental health issues, standardized forms promulgated by the Uniform Superior Court Rules and the GA Supreme Court’s Mediation Guidelines for domestic violence cases.
ACCESS
As before, it can be accessed by going directly to the Benchbook <http://www.uga.edu/icje/DVBenchbook.html> or to ICJE’s home page <http://www.uga.edu/icje/> and clicking on the last entry under training.
You’ll notice several revisions and new additions.
- The civil and criminal law chapters have all been updated as of October 2007
- A Case Law Index and Glossary have been added.
- Finding specific information has been improved by replacing the Subject Index with a Word Index.
- A link is provided to the newly revised, Supreme Court approved, domestic violence forms (they were approved after we went to press.)
- And lastly, you will find a link to a print-on-demand publishing company (<http://www.lulu.com/content/2196528>) should you prefer a hard copy.
See below for a brief description of codes related to domestic violence and links to the full code text. Click the “okay” button which will take you to the Official Code of Georgia. You can then enter the code number in the search box or scroll down to find the particular code, click the plus sign and go to the code section you are looking for.
http://www.lexis-nexis.com/hottopics/gacode/default.asp
Family Violence in General
19-13-1 This statute gives the legal definition of Family Violence, including which acts and what relationships fit.
19-13-10 Defines Family Violence Intervention Program
19-13-16 Requirements of courts to order defendants on Family Violence cases into Family Violence Intervention Programs
17-4-20.1. Primary Aggressor Statute
Shelter related issues
19-13-21 Defines Department of Human Resources responsibilities to domestic violence shelters.
19-13-22 Defines domestic violence shelter requirements for Department of Human Resources funding.
19-13-23 Criminalizes disclosure of a shelter address.
17-4-20.1 Allows for arrest under Family Violence with or without a warrant if probable cause exists.
15-10-82 Waives costs for swearing out a warrant or service of a protection order or witness subpoena in domestic violence, stalking and sexual assault cases.
Protection Orders
19-13-2 Jurisdiction of Superior Court, clarifies where civil actions, including protection orders, should be filed.
19-13-3 Lays out the process for Temporary Protection Orders, including filing an order and second hearings. Clarifies the role of advocates in the TPO process.
19-13-4 What protective orders and consent agreements can provide for; expiration; enforcement, limits regarding issuance of mutual orders.
19-13-6. Violation of a Protective Order.
15-6-77. TPO Filing Fees and Requirements for Providing Interpreters:
16-5-95. Offense of Violating a Family Violence Order.
Out of State Protection Orders
19-9-93 Foreign protective orders-Full Faith and Credit.
19-13-54 Filing foreign protective orders.
Stalking
Defines stalking and outlines penalties for stalking.
Defines aggravated stalking and outlines penalties.
16-5-93 Outlines a victim’s right to notification of release of stalker.
16-5-94 Provides for restraining order for stalking victim, with information on jurisdiction and content of orders.
24-9-103. Interpreters for the Hearing Impaired
Other Family Violence Related Criminal Codes
16-5-20 Simple Assault
16-5-21 Aggravated Assault
16-5-23 Simple Battery
16-5-24. Aggravated Battery
16-5-41. False imprisonment
16-6-1 Rape
16-6-2 Aggravated Sodomy
16-6-22.2 Aggravated Sexual Battery
16-6-4 Child Molestation
Two Strikes You’re Out: Under Georgia’s “Two Strikes You’re Out” law, effective January 1, 1995, defendants convicted for the second time of a “serious violent felony” must be given a mandatory sentence of life in prison without parole. The law applies to seven violent crimes: murder or felony murder, armed robbery, kidnapping, rape, aggravated child molestation, aggravated sodomy and aggravated sexual battery. (pg. 80, “Women and the Law, A Guide to Women’s Legal Rights in Georgia” the Georgia Commission on Women).