O.C.G.A.

O.C.G.A. § 19-1-1 (2019)

Injunctions and restraining orders authorized in domestic relations actions

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)
Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.
Find cases: SyfertCases citing this section GA-LEGlegis.ga.gov (official) JustiaJustia CornellLII Search CasesGoogle Scholar

(a) As used in this Code section, the term “domestic relations action” shall include any action for divorce, alimony, equitable division of assets and liabilities, child custody, child support, legitimation, annulment, determination of paternity, termination of parental rights in connection with an adoption proceeding filed in a superior court, any contempt proceeding relating to enforcement of a decree or order, a petition in respect to modification of a decree or order, an action on a foreign judgment based on alimony or child support, and adoption. The term “domestic relations action” shall also include any direct or collateral attack on a judgment or order entered in any such action. (b) Upon the filing of any domestic relations action, the court may issue a standing order in such action which: (1) Upon notice, binds the parties in such action, their agents, servants, and employees, and all other persons acting in concert with such parties; (2) Enjoins and restrains the parties from unilaterally causing or permitting the minor child or children of the parties to be removed from the jurisdiction of the court without the permission of the court, except in an emergency which has been created by the other party to the action; (3) Enjoins and restrains each party from doing or attempting to do or threatening to do any act which injures, maltreats, vilifies, molests, or harasses or which may, upon judicial determination, constitute threats, harassment, or stalking the adverse party or the child or children of the parties or any act which constitutes a violation of other civil or criminal laws of this state; and (4) Enjoins and restrains each party from selling, encumbering, trading, contracting to sell, or otherwise disposing of or removing from the jurisdiction of the court, without the permission of the court, any of the property belonging to the parties except in the ordinary course of business or except in an emergency which has been created by the other party to the action. (c) Upon written motion of a party, the standing order provided for in this Code section shall be reviewed by the court at any rule nisi hearing.

History

Code 1981, § 19-1-1, enacted by Ga. L. 1994, p. 1161, § 1.

Annotations

Code Commission notes. Pursuant to Code Section 28-9-5, Code Sections 19-1-2 through 19-1-6, which had been reserved and repealed by Ga. L. 1991, p. 94, § 19, effective March 14, 1991, were deleted. The former chapter, relating to child abuse consisted of Code Sections

19-1-1 through 19-1-6 and was based on Ga. L. 1987, p. 1065, § 1; Ga. L. 1988, p. 474, § 1; and Ga. L. 1990, p. 1785, § 1. Editor’s notes. Former Code Section 19-1-1, repealed and reserved by Ga. L. 1991, p. 94, § 19, and redesignated as Code Section 19-15-1, effective March 14, 1991, was based on Ga. L. 1990, p. 1785, § 1.

CHAPTER 2 DOMICILE Sec.

Place of domicile; how domicile changed, generally. Election between two or more domiciles; domicile of transients. Domicile of married person. Domicile of minor.

Sec.

Domicile of person under guardianship. Change of domicile which is dependent on that of another; change of ward’s domicile affecting inheritance.

RESEARCH REFERENCES ALR. Creditor’s right to prevent debtor’s renunciation of benefit under will or debtor’s

election to take under will, 39 A.L.R.4th 633.

Notes of Decisions
Cited in 4 cases (2 in the last 5 years), 2020–2023 · leading case: Norvin Charles Hagan v. Elizabeth Gould Hagan (Ga. Ct. App. 2020).
Norvin Charles Hagan v. Elizabeth Gould Hagan (Ga. Ct. App. 2020). · cites it 2× “appeal 2 A “domestic relations action” is defined as any action for divorce, alimony, equitable division of assets and liabilities, child custody, child support, legitimation, annulment, determination of paternity, termination of parental rights in connection with an adoption…”
Blanca Graciano v. Sergio Moreno (Ga. Ct. App. 2020). · cites it 2× “” Under OCGA § 5-6-35 (a) (2), “[a]ppeals from judgments or orders in divorce, alimony, and other domestic relations cases” must be made by application for discretionary appeal. Although a case involving legitimation or child custody ancillary to a divorce is generally…”
Meriwether & Tharp, LLC v. Crystal Rimert (Ga. Ct. App. 2021). · cites it 2× “31 We thus reverse the trial court’s denial of the Attorneys’ motion for summary judgment on this issue.”
William Jeremy Salter v. Glenn Albert Kirby (Ga. Ct. App. 2023). · cites it 2× ““Appeals from judgments or orders in divorce, alimony, and other domestic relations cases” must be initiated by filing an application for discretionary review.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.