Jones v. Spruill

The trial court had jurisdiction to enter a protective order against the appellant under Georgia's Family Violence Act, O.C.G.A. § 19-13-1, et seq., because conduct between siblings falls within the statutory definition of family violence.

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

Mack Spruill obtained a family violence protective order from the Clayton County Superior Court against his brother, Antwione Jones. Following entry of the order, Jones filed both a motion for reconsideration and a motion for a new trial, and he requested a hearing on both. The trial court thereafter dismissed both motions without holding a hearing on either. Jones now appeals, arguing that the trial court erred by dismissing his motion for a new trial without affording him a hearing on the same.1 Jones further contends that the trial court was without jurisdiction to enter an order against him under Georgia’s Family Violence Act, OCGA § 19 13 1, et seq., because conduct between siblings does not fall within the statutory definition of family violence. We agree with Jones the trial court erred in dismissing his new trial motion without holding a hearing thereon. We further find, however, that the trial court had jurisdiction to enter the protective order at issue, as Jones’s conduct constituted an act of family violence under OCGA § 19 13 1. Accordingly, we affirm the order dismissing Jones’s new trial motion.

The record shows that on May 1, 2015, Spruill filed a verified application for a temporary protective order against Jones. In that application, Spruill alleged that he and Jones were brothers who formerly resided in the same household, and that on April 30, 2015, Jones had punched him, brandished a gun in his face, and threatened to kill him. Based on this application, the trial court entered a temporary, ex parte family violence protective order and scheduled a hearing on Spruill’s petition for May 29. Prior to that hearing, Jones filed a verified response, in which he denied the material allegations of Spruill’s petition. Jones also asserted that the petition failed to allege an act of family violence, as he and Spruill were siblings who had not resided in the same household for more than 20 years.

Jones v. Spruill

The trial court had jurisdiction to enter a protective order against the appellant under Georgia's Family Violence Act, O.C.G.A. § 19-13-1, et seq., because conduct between siblings falls within the statutory definition of family violence.

Share with Email

Thank you for sharing!

Trending Stories

More From ALM

Subscribe to Daily Report