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Davis-Redding v. Redding

Venue for purposes of the wife's family violence petition was proper in either the county where the family's residence was located or the county where the husband was staying with his brother.

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In this case, we decide where venue lies when the husband who is the respondent in a family violence case has left the marital home and is living in a relative’s home in another county. We also decide whether the trial court was authorized to decide on its own motion that venue was improper. Under the circumstances presented in this case, we hold that venue was proper in either county and that the trial court erred in deciding sua sponte that venue was not proper in the county in which the petition was filed.

Stacey Davis-Redding and Jefferson Redding married in July 1993. They lived together in Clayton County until July 1999, when Redding began staying at his brother’s home in Henry County. During the separation their two children, ages 6 and 9, have lived primarily with Davis-Redding.

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