Selected Statutes: Georgia

(a) As used in this Code section, the term:

(1) “State active duty” means full-time duty in the organized militia under an order of the Governor or otherwise issued by authority of law when such duty is paid for with funds of the state, including travel to and from such duty.

(2) “Verified petition” means a petition that has been sworn to or affirmed by the petitioner, in the presence of a notary public or other person authorized pursuant to 10 U.S.C. Section 1044a, indicating that the information contained in such petition is true and accurate to the best of such petitioner’s knowledge. Such term shall include a counter petition filed by a respondent.

(b) A member of the organized militia who alleges stalking by another member of the organized militia may seek a protective order by filing a verified petition alleging conduct constituting stalking under Code Section 16-5-90. Subject matter jurisdiction under this Code section shall be established if a nexus exists between the alleged conduct constituting stalking under Code Section 16-5-90 and the organized militia. If either the petitioner or the accused member was in a status as provided for by Title 32 of the United States Code or was on state active duty during the time of the alleged conduct, a rebuttable presumption exists that such nexus is established.

(c) A petition provided for in subsection (b) of this Code section shall be filed through the petitioner’s immediate commander or any superior commander of such petitioner if the immediate commander is the respondent, and such immediate commander or superior commander shall forward such petition to the Office of the State Judge Advocate within 24 hours of such commander’s receipt of such petition. The Office of the State Judge Advocate shall provide a copy of the verified petition to the respondent’s immediate commander who shall serve the petition upon such respondent; provided, however, that, if the respondent’s immediate commander is the petitioner, another appropriate superior commander of the respondent shall serve such respondent.

(d) Upon the filing of a verified petition in which the petitioner alleges with specific facts that probable cause exists to establish that stalking under Code Section 16-5-90 by the respondent has occurred in the past and may occur in the future, the military judge may order such temporary relief ex parte as he or she deems necessary to protect the petitioner from stalking. If the military judge issues an ex parte order, a copy of the order shall be furnished to the petitioner and a copy shall be provided to the respondent’s immediate commander, who shall serve the order upon the respondent; provided, however, that, if the respondent’s immediate commander is the petitioner, another appropriate superior commander of the respondent shall serve such respondent.

(e) Within 10 days of the filing of the verified petition under this Code section or as soon as practical thereafter, but not later than 45 days after the filing of the verified petition, a hearing shall be held at which the petitioner must prove the allegations of the verified petition by a preponderance of the evidence. Notice of such hearing shall be provided to the petitioner and the respondent by their respective immediate commander or superior commander at least five days in advance of such hearing.

(f) At the hearing provided for in subsection (e) of this Code section, the military judge may grant a protective order on a temporary or permanent basis or approve a consent agreement to bring about a cessation of conduct constituting stalking under Code Section 16-5-90. The military judge shall not have the authority to issue or approve mutual protective orders unless the respondent has filed a verified petition as a counter petition no later than three days, not including Saturdays, Sundays, and legal holidays, prior to the hearing. Such orders or agreements may:

(1) Direct a party to refrain from such conduct constituting stalking under Code Section 16-5-90; and

(2) Order a party to refrain from harassing and intimidating, as defined in Code Section 16-5-90, the other party to the case.

(g) The military judge may compel obedience to a protective order or consent agreement issued pursuant to this Code section and may punish by contempt, in accordance with Code Section 38-2-1048, a party’s disobedience to a protective order or consent agreement issued pursuant to this Code section.

(h) A protective order or consent agreement issued pursuant to this Code section shall apply and shall be effective throughout this state, regardless of the duty status of the petitioner or the respondent. It shall be the duty of the immediate commanders and any respective superior commanders or superior commissioned officers of the parties, every military judge, every superior court, every sheriff, every deputy sheriff, and every military, state, county, or municipal law enforcement officer within this state to enforce and carry out the terms of any valid protective order or consent agreement issued under the provisions of this Code section.

(i) A protective order or consent agreement issued pursuant to this Code section shall expire by operation of law when the respondent is no longer a member of the organized militia by virtue of resignation, retirement, expiration of term of service, discharge, or transfer to the national guard of a state other than Georgia, but shall remain in full force and effect during any time period in which the respondent is not a member of the organized militia due to active military service of the United States under call or order into service.

(j) Appeals of the grant or denial of verified petitions filed pursuant to this Code section shall be authorized in the same manner as appeals of domestic relations cases under Code Section 5-6-35.