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Baca v. Baca

Issues involving temporary child custody and support which were tied into a family violence protective order were not moot, even though the 6-month protective order had expired, because these issues affected an existing class of sufferers and tended to evade review.

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Rossana Baca filed a petition seeking relief from family violence, alleging that her husband, Jesus Baca, was abusive. Following a hearing, the trial court found in favor of Mrs. Baca and entered a six month temporary protective order pursuant to the Georgia Family Violence Act.1 In eight enumerations of error, Mr. Baca challenges the protective order. For reasons that follow, we affirm.

In her petition, Mrs. Baca alleged that Mr. Baca has a history of physical and verbal abuse. Specifically, she averred that her husband had accused her of stealing money, threatened her, and had kicked her in the leg. Mr. Baca responded, denying the allegations of abuse and accusing his wife of misconduct, including, among other things, alcoholism, drug abuse, theft, perjury, and violence.

 
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