ARTICLE 1 GENERAL PROVISIONS

15-11-29. Protective orders.

In any proceeding under this chapter, either on application of a party or on the court's own motion, the court may make an order restraining or otherwise controlling the conduct of a person if due notice of the application or motion and the grounds therefor and an opportunity to be heard thereon have been given to the person against whom the order is directed. Such an order may require any such person:

To stay away from a person's home or a child;
To permit a parent to visit his or her child at stated periods;
To abstain from offensive conduct against a child, his or her parent, or any person to whom custody of such child is awarded;
To give proper attention to the care of his or her home;
To cooperate in good faith with an agency to which custody of a child is entrusted by the court or with an agency or association to which a child is referred by the court;
To refrain from acts of commission or omission that tend to make a home not a proper place for a child;
To ensure that a child attends school pursuant to any valid law relating to compulsory attendance;
To participate with a child in any counseling or treatment deemed necessary after consideration of employment and other family needs; and
To enter into and complete successfully a substance abuse program approved by the court.

After notice and opportunity for hearing afforded to a person subject to a protective order, a protective order may be modified or extended for a further specified period, or both, or may be terminated if the court finds that the best interests of the child and the public will be served thereby.

Protective orders may be enforced by citation to show cause for contempt of court by reason of any violation thereof and, where protection of the welfare of a child so requires, by the issuance of a warrant to take the alleged violator into custody and bring him or her before the court.

(Code 1981, §15-11-29, enacted by Ga. L. 2013, p. 294, § 1-1/HB 242.)

JUDICIAL DECISIONS

Editor's notes.

- In light of the similarity of the statutory provisions, decisions under pre-2000 Code Section 15-11-57 and pre-2014 Code Section 15-11-11, which were subsequently repealed but were succeeded by provisions in this Code section, are included in the annotations for this Code section. See the Editor's notes at the beginning of the chapter.

Psychological counseling.

- Juvenile court order requiring a noncustodial parent to seek psychological counseling with a particular psychologist who is located 50 miles from the residence and work of the noncustodial parent is unreasonable and has to be stricken. In re A.S., 185 Ga. App. 11, 363 S.E.2d 325 (1987) (decided under former O.C.G.A. § 15-11-57).

Order was not a protective order.

- When a trial court, upon finding a mother's children were deprived, left the children's custody with the mother upon certain conditions, this was not a protective order, despite the fact that this was what was prayed for at the hearing resulting in the order, but it was, rather, a deprivation order under former O.C.G.A. § 15-11-55(a)(1) (see now O.C.G.A. § 15-11-212), so, when the specified conditions were violated, the trial court was not limited to the remedies available in the protection order statute, but was authorized to remove the children from the mother's custody. In the Interest of S.Y., 264 Ga. App. 623, 591 S.E.2d 489 (2003) (decided under former O.C.G.A. § 15-11-11).

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2018 Georgia Code 15-11-29 | Car Wreck Lawyer

TITLE 15 COURTS

Section 11. Juvenile Code, 15-11-1 through 15-11-747.

ARTICLE 1 GENERAL PROVISIONS

15-11-29. Protective orders.

JUDICIAL DECISIONS

Editor's notes.

Psychological counseling.

Order was not a protective order.

RESEARCH REFERENCES

C.J.S.

U.L.A.

Cases Citing Georgia Code 15-11-29 From Courtlistener.com

Lewis v. Winzenreid