A Georgia standing order can restrain both spouses from threatening, harassing, or stalking each other or the children while the case is pending.
What the Statute Says
OCGA 19-1-1(b)(3) authorizes a standing order that “[e]njoins 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.”
It Reaches Further Than People Expect
Three features of that sentence are worth noticing.
First, it covers “attempting to do or threatening to do” the listed acts, not only completed ones. The threat itself is the violation.
Second, the verbs go well beyond physical harm. “Injures” sits alongside “maltreats,” “vilifies,” “molests,” and “harasses.” Vilifying someone is done with words, so conduct that never comes near violence can still fall inside the order.
Third, the closing clause sweeps in “any act which constitutes a violation of other civil or criminal laws of this state.” Conduct that is already unlawful becomes a violation of the court’s own order as well, which puts it in front of the judge deciding your case.
It Runs Both Ways, and It Covers the Children
The order restrains “each party,” so it is not a protection one spouse holds over the other. Both are bound by identical terms from the day it takes effect. It also names “the child or children of the parties,” so conduct aimed at a child is covered on the same footing as conduct aimed at your spouse.
Contact Us
This post is a quick overview of the law and is not intended as legal advice. Please feel free to contact our office for a consultation if you have questions about this or any other legal aspects regarding your case!