O.C.G.A. § 19-12-4 (2019)

Annotations

JUDICIAL DECISIONS Discretion abused in denial of name change petition. - Trial court abused the court’s discretion by denying the petitioners’ respective petitions to change their names because each followed the procedure for name change laid out in O.C.G.A. § 19-12-1, there was no evidence before the trial court to authorize a conclusion that either of them were acting with any improper motive against any specific person, and no objections were

raised at the hearings on the petitions. Furthermore, a trial court’s conclusions about any person’s confusion or embarrassment is not a valid basis for denying a petition for a name change. In re Feldhaus, 340 Ga. App. 83, 796 S.E.2d 316, 2017 Ga. App. LEXIS 14 (2017). Purpose of name change. - Supreme Court of Georgia has long held that in the absence of a statute or judicial adjudication to the contrary, there is noth-

ing in the law prohibiting a person from taking or assuming another name, so long as the person does not assume a name for the purpose of defrauding other persons through a mistake of identity. In re Feldhaus, 340 Ga. App. 83, 796 S.E.2d 316, 2017 Ga. App. LEXIS 14 (2017). No abuse of discretion. - There was no abuse of discretion in denying a petition for name change as the petitioner was incarcerated following the petitioner’s conviction for first degree forgery. In re

Parrott, 194 Ga. App. 856, 392 S.E.2d 48, 1990 Ga. App. LEXIS 371 (1990). Trial court’s order denying an activist’s petition for a name change was not an abuse of discretion as such would have deprived a newspaper publisher of that person’s good name if granted. In re Serpentfoot, 285 Ga. App. 325, 646 S.E.2d 267, 2007 Ga. App. LEXIS 402 (2007), cert. denied, No. S07C1397, 2007 Ga. LEXIS 661 (Ga. Sept. 10, 2007).

RESEARCH REFERENCES Am. Jur. 2d. 57 Am. Jur. 2d, Name, §§ 16, 22, 23, 66, 75.

C.J.S. 65 C.J.S., Names, § 21 et seq.

CHAPTER 13 FAMILY VIOLENCE Article 1

Article 2

Granting of Relief by Superior Courts

Family Violence Shelters

Sec.

“Family violence” defined. Jurisdiction of superior court. Petition seeking relief from family violence; temporary relief ex parte; hearing; dismissal of petition upon failure to hold hearing; procedural advice for victims; delays. Protective orders and consent agreements; contents; delivery to sheriff; expiration; enforcement. “Local law enforcement agency” defined; security checks. Supplemental nature of remedies provided by article. Penalties. Article 1A

Sec.

Article 3 State Commission on Family Violence

Family Violence Intervention

Definitions. Fee for certification application; valid period of certification. [Reserved]. Administration and supervision of certification. Standards and requirements for course content; course operators; certification of programs; maintenance of list of certified programs. Cooperation with State Board of Pardons and Paroles. Mandatory participation; cost for participation. Administrative fine.

Definitions. Powers and duties of council. Eligibility for licensing and funding; application; receiving and referral functions; shelters and programs; admission procedures; board of shelter. Confidentiality of location of family violence shelter; exceptions.

State Commission on Family Violence. Commission created; comprehensive state plan for ending family violence; establishment of community task forces. Membership; terms; filling of vacancies; officers. Meetings; quorum; reimbursement for expenses. Powers and duties of commission. Article 4

Protective Order Registry

Short title. Definitions. Purpose of registry; maintenance; access to information; linking to National Crime Information Center Network. Standardized forms; timing of transmission of information and data entry; sheriff’s responsibility. Foreign protective orders.

Sec.

Confidential nature of information in registry.

Cross references. Certain communications privileged, § 24-5-501. Communications between victim of family violence or sexual assault and agents providing services to such victim, § 24-5-509. Termination of residential lease after issuance of civil family violence order or criminal family violence order, § 44-7-23. Editor’s notes. By resolution (Ga. L. 1986, p. 1203), the General Assembly urged the judges of the superior courts to order restitution in cases involving child abuse or sexual abuse and provided for the preparation of a report regarding the use of such orders. By resolution (Ga. L. 1986, p. 1204), the General Assembly urged certain public organizations and state agencies to de-

Sec.

Liability of court or law enforcement personnel.

velop programs for the education and training of social services and criminal justice professionals in the areas of child abuse, sexual abuse, and sexual exploitation. Administrative rules and regulations. Family violence intervention program, Official Compilation of the Rules and Regulations of the State of Georgia, Board of Corrections, Institutional Center and Program Services, Subject 125-4-9. Law reviews. For comment, “The Limits of the Neighborhood Justice Center: Why Domestic Violence Cases Should Not Be Mediated,” see 34 Emory L.J. 855 (1985). For annual survey article discussing developments in domestic relations law, see 51 Mercer L. Rev. 263 (1999).

JUDICIAL DECISIONS In-chambers consultation with child to be recorded. - In a family violence action, the trial court erred in refusing to allow the court’s in-chambers consultation with the child to be recorded. Williams v. Stepler, 221 Ga. App. 338, 471 S.E.2d 284, 1996 Ga. App. LEXIS 484 (1996). Jurisdiction of appeals. - Orders

entered under the Family Violence Act, O.C.G.A. § 19-13-1 et seq., must come by discretionary application and jurisdiction of appeals lies in the Georgia Court of Appeals. Schmidt v. Schmidt, 270 Ga. 461, 510 S.E.2d 810, 1999 Ga. LEXIS 13 (1999), overruled in part, Gilliam v. State, 312 Ga. 60, 860 S.E.2d 543, 2021 Ga. LEXIS 467 (2021).

RESEARCH REFERENCES Am. Jur. Proof of Facts. Child Abuse - The Battered Child Syndrome, 2 POF2d 365. Child Neglect, 3 POF2d 265. ALR. Admissibility of expert or opinion testimony on battered wife or battered woman syndrome, 18 A.L.R.4th 1153. Tort liability of public authority for failure to remove parentally abused or ne-

glected children from parents’ custody, 60 A.L.R.4th 942. Admissibility of expert testimony concerning domestic-violence syndromes to assist jury in evaluating victim’s testimony or behavior, 57 A.L.R.5th 315. Visitation or Custody of Child Allegedly Conceived by Sexual Assault, 54 A.L.R.7th Art. 7.

ARTICLE 1 GRANTING OF RELIEF BY SUPERIOR COURTS Law reviews. For note on the 1994 amendments of Code Sections 19-13-3 to 19-13-4 of this article, see 11 Ga. St. U.L. Rev. 180 (1994). For article, “Obtaining Protective Orders for Relief from Family Violence,” see 6 Ga. St. B.J. 20 (2000). For article, “Family Violence and Military Procedures in Georgia: An Introduc-

tion for Non-Military Lawyers,” see 7 Ga. St. B.J. 16 (2001). For article, “Domestic Relations Law,” see 53 Mercer L. Rev. 265 (2001). For comment, “The Abuse of Animals as a Method of Domestic Violence: The Need for Criminalization,” see 63 Emory L.J. 1163 (2014).