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Posted by 59ln6s9e
- December 08, 2010, 09:30:11 PMChapter 13.
The family Violence (Refs & Annos) the Item 1. The granting of Relief by the Superior Courts (Refs & Annos) § 19-13-1. "The family violence"
Defined:
As used in this item, the term "the family violence" means the event of one or more following acts between the passed or of present spouses, the persons that are parents of the same child, the parents and the children, the in-laws and the son-in-laws,You are not allowed to view links. Register or Login, encourage parents and encourage children, or the other persons that lives or lives recently in the same household: (1) any crime; or (2) the Commission of offenses of battery,You are not allowed to view links. Register or Login, the simple battery, the simple assault, the assault, prowling, the criminal damages to the property, the illegal restriction, or to overlap it criminal.
The term "the family violence" will not be estimated to include reasonable discipline managed by a parent to a child in the form of a corporal punishment, the restriction, or the detention.
§ 19-13-2. Jurisdiction
(One) safe the event that implies a replying one of passage, the superior court of the county where the replying lives will have the jurisdiction on all the event under this item.
(B) For the event under this item that implies a replying one of passage, the superior court where the petitioner lives or the superior court where an act that implies the violence of family presentiment arrived will have jurisdiction,You are not allowed to view links. Register or Login, where the act that implies the family violence meets the elements for personal jurisdiction provided with under the paragraph (2) or (3) of 9-10-91 of Section of Code.
§ 19-13-3. Petition; hearing
(One) A person that is not minor can look for the relief under this item in class a petition with the superior court alleging an or more of acts of violence of family. A person that is not minor can look for also the relief from a minor by such a petition classification.
(B) On the verified classification of a petition in which the petitioner alleges with the specific facts that the probable cause exists to establish that the family violence arrived in the past and can arrive in the future,You are not allowed to view links. Register or Login, the court can order such former leaves temporary relief as it estimates necessary to protect the petitioner or a minor of the household of the violence. If the court distributes an order of former one leaves, a copy of the order all will be furnished of after the petitioner.
(C) In ten days of the classification of the petition under this item or immediately that practices afterward, but in no case later than 30 days after the classification of the petition,You are not allowed to view links. Register or Login, an audience will be been anxious which the petitioner must prove the allegations of the petition by a preponderance of the proof as in the other civil matters. In the event that an audience cannot be planned in the county where the case is in expectation in the period of 30 days even will be planned it and will be heard in no other county of this circuit. If an audience is not held in 30 days, the held petition dismissed itself unless the parties consent otherwise.
(D) the shelter of violence of Family or the members of personnel of agency of social services designated by the court can explain to all the victims done not represent by counselor the procedures to fill and the classification of all the forms and pleads necessary for the presentation of their petition to the court. The clerk of the court can furnish forms for the petitions and pleads to the victims of violence of family and to no other person designated by the superior court in accordance with this section of Code as authorized counselor of the victims on to fill and the classification of such petitions and pleads. The clerk will not be demanded to furnish the assistance to the persons in to complete such form or in to present their case to the court.
Any assistance furnished in accordance with this section of Code will be executed without the cost to the petitioners. The execution of such assistance will not constitute the practice of law as defined in 15-19-51 of Section of Code.
Atlanta Family Law
The family Violence (Refs & Annos) the Item 1. The granting of Relief by the Superior Courts (Refs & Annos) § 19-13-1. "The family violence"
Defined:
As used in this item, the term "the family violence" means the event of one or more following acts between the passed or of present spouses, the persons that are parents of the same child, the parents and the children, the in-laws and the son-in-laws,You are not allowed to view links. Register or Login, encourage parents and encourage children, or the other persons that lives or lives recently in the same household: (1) any crime; or (2) the Commission of offenses of battery,You are not allowed to view links. Register or Login, the simple battery, the simple assault, the assault, prowling, the criminal damages to the property, the illegal restriction, or to overlap it criminal.
The term "the family violence" will not be estimated to include reasonable discipline managed by a parent to a child in the form of a corporal punishment, the restriction, or the detention.
§ 19-13-2. Jurisdiction
(One) safe the event that implies a replying one of passage, the superior court of the county where the replying lives will have the jurisdiction on all the event under this item.
(B) For the event under this item that implies a replying one of passage, the superior court where the petitioner lives or the superior court where an act that implies the violence of family presentiment arrived will have jurisdiction,You are not allowed to view links. Register or Login, where the act that implies the family violence meets the elements for personal jurisdiction provided with under the paragraph (2) or (3) of 9-10-91 of Section of Code.
§ 19-13-3. Petition; hearing
(One) A person that is not minor can look for the relief under this item in class a petition with the superior court alleging an or more of acts of violence of family. A person that is not minor can look for also the relief from a minor by such a petition classification.
(B) On the verified classification of a petition in which the petitioner alleges with the specific facts that the probable cause exists to establish that the family violence arrived in the past and can arrive in the future,You are not allowed to view links. Register or Login, the court can order such former leaves temporary relief as it estimates necessary to protect the petitioner or a minor of the household of the violence. If the court distributes an order of former one leaves, a copy of the order all will be furnished of after the petitioner.
(C) In ten days of the classification of the petition under this item or immediately that practices afterward, but in no case later than 30 days after the classification of the petition,You are not allowed to view links. Register or Login, an audience will be been anxious which the petitioner must prove the allegations of the petition by a preponderance of the proof as in the other civil matters. In the event that an audience cannot be planned in the county where the case is in expectation in the period of 30 days even will be planned it and will be heard in no other county of this circuit. If an audience is not held in 30 days, the held petition dismissed itself unless the parties consent otherwise.
(D) the shelter of violence of Family or the members of personnel of agency of social services designated by the court can explain to all the victims done not represent by counselor the procedures to fill and the classification of all the forms and pleads necessary for the presentation of their petition to the court. The clerk of the court can furnish forms for the petitions and pleads to the victims of violence of family and to no other person designated by the superior court in accordance with this section of Code as authorized counselor of the victims on to fill and the classification of such petitions and pleads. The clerk will not be demanded to furnish the assistance to the persons in to complete such form or in to present their case to the court.
Any assistance furnished in accordance with this section of Code will be executed without the cost to the petitioners. The execution of such assistance will not constitute the practice of law as defined in 15-19-51 of Section of Code.
Atlanta Family Law