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Duggan v. Duggan-Schlitz

Trial court had authority to extend the effective date of the victim's protective order until the court could hold a full hearing on the victim's petition for a permanent protective order.

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Stephanie Duggan-Schlitz filed a petition for a temporary protective order under OCGA § 19-13-4, a section of the Family Violence Act, against her husband, Charles Duggan. The trial court granted the petition on May 14, 1999, and stated that the temporary order would not remain in effect for more than six months.

On October 26, 1999, about two and a half weeks before the end of the six-month period, Duggan-Schlitz moved to have the temporary protective order converted into a permanent order. The trial court scheduled a hearing for November 11, 1999. Due to the court’s trial schedule, it could only allot one hour for the hearing. The parties notified the trial court in advance that the hearing would be lengthy and could not be completed in the limited time allotted. Both parties were aware that the hearing would have to be continued. In a telephone conference with counsel, the trial court entertained argument on the issue of whether the temporary protective order could remain in effect beyond the November 14, 1999 expiration date if the hearing had to be continued. No decision was made at that time.

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