X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

Brown, Judge.In these consolidated appeals, Damyera Herbert appeals from the trial court’s grant of twelve-month protective orders to Melissa Jordan and Charles Gooden (collectively “petitioners”). She asserts that the trial court erred for identical reasons in both cases by: (1) moving forward with a hearing after the case had been dismissed as a matter of law; (2) refusing to permit her to move forward with her counterclaim in the same hearing; (3) granting protective orders that prohibit contact with the petitioners’ unidentified children; and (4) granting protective orders that prohibit contact with the petitioners’ immediate family members. Based upon the trial court’s failure to hold a hearing within 30 days as required by OCGA § 19-13-3 (c), we must reverse its grant of twelve-month protective orders to the petitioners.The record shows that on November 21, 2017, Jordan and Gooden filed separate petitions for entry of a “Stalking Temporary Protective Order” under OCGA § 16-5-94. The trial court granted the ex parte petitions on the same day, and ordered Herbert to appear for a hearing on December 20, 2017 (29 days later). On the date of the scheduled hearing, the trial court entered an order continuing the hearing on both petitions to December 26, 2017; the order also provided that the provisions of the “Ex Parte Protective Orders” would continue in full effect through December 26, 2017. The record contains no evidence that the parties agreed to this continuance. On the day of the rescheduled hearing, Herbert filed motions asking the trial court to conclude that the petitions had been dismissed as a matter of law pursuant to OCGA § 19-13-3 (c). The trial court nonetheless held the scheduled hearing and issued the twelve-month protective orders at issue in this case.1. Stalking protective orders issued under OCGA § 16-5-94 and § 19-13-3 must comply with the requirement that a hearing be held within 30 days of the filing of a petition for a protective order. In this hearing, “the petitioner must prove the allegations of the petition by a preponderance of the evidence as in other civil cases.” OCGA § 19-13-3 (c). See also OCGA § 16-5-94 (e); White v. Raines, 331 Ga. App. 853, 855-856 (1) (771 SE2d 507) (2015) (physical precedent only). “If a hearing is not held within 30 days of the filing of the petition, the petition shall stand dismissed unless the parties otherwise agree.” OCGA § 19-13-3 (c). In this case, the trial court’s failure to meet the 30-day hearing requirement resulted in a dismissal of the petitions as a matter of law. White, supra, 331 Ga. App. at 856 (1); Peebles v. Claxton, 326 Ga. App. 53, 55 (1) (755 SE2d 861) (2014) (physical precedent only). Accordingly, it lacked authority to issue the twelve-month protective orders following a hearing held 35 days after the petitions were filed. White, supra, 331 Ga. App. at 856 (1). Cf. In the Interest of I. L. M., 304 Ga. 114 (816 SE2d 620) (2018) (reversing trial court’s order placing child in custody of the Department of Family and Children Services based upon the trial court’s failure to comply with a statutory mandate to hold a hearing within 60 days and statute providing that petition alleging dependency may be dismissed if hearing not timely).2. Based upon our holding in Division 1, we need not address Herbert’s remaining claims of error.Judgments reversed. Miller, P. J., and Goss, J., concur.

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

More From ALM

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
October 15, 2024
Los Angeles, CA

Join the industry's top owners, investors, developers, brokers & financiers at THE MULTIFAMILY EVENT OF THE YEAR!


Learn More
October 15, 2024
Los Angeles, CA

Law.com celebrates the California law firms and legal departments driving the state's dynamic legal landscape.


Learn More
October 15, 2024
Dallas, TX

The Texas Lawyer honors attorneys and judges who have made a remarkable difference in the legal profession in Texas.


Learn More

Kent & McBride, P.C. a Civil Defense litigation firm with offices in both Cherry Hill, NJ and Middletown, NJ seeks to fill the following...


Apply Now ›

When you come to work for New Jersey Judiciary you will join an 8500-member strong TEAM that operates with the highest standards of independ...


Apply Now ›

When you come to work for New Jersey Judiciary you will join an 8500-member strong team that operates with the highest standards of independ...


Apply Now ›