Georgia § 16-5-95 - Offense of violating family violence order; penalty.

§ 16-5-95. Offense of violating family violence order; penalty.

As used in this Code section, the term: "Civil family violence order" means any temporary protective order or permanent protective order issued pursuant to Article 1 of Chapter 13 of Title 19. "Criminal family violence order" means: Any order of pretrial release issued as a result of an arrest for an act of family violence; or Any order for probation issued as a result of a conviction or plea of guilty, nolo contendere, or first offender to an act of family violence. "Family violence" shall have the same meaning as set forth in Code Section 19-13-1. A person commits the offense of violating a civil family violence order or criminal family violence order when such person knowingly and in a nonviolent manner violates the terms of such order issued against that person, which: Excludes, evicts, or excludes and evicts the person from a residence or household; Directs the person to stay away from a residence, workplace, or school; Restrains the person from approaching within a specified distance of another person; or Restricts the person from having any contact, direct or indirect, by telephone, pager, facsimile, e-mail, or any other means of communication with another person, except as specified in such order. Any person convicted of a violation of subsection (b) of this Code section shall be guilty of a misdemeanor. Nothing contained in this Code section shall prohibit a prosecution for the offense of stalking or aggravated stalking that arose out of the same course of conduct; provided, however, that, for purposes of sentencing, a violation of this Code section shall be merged with a violation of any provision of Code Section 16-5-90 or 16-5-91 that arose out of the same course of conduct. (Code 1981, § 16-5-95 , enacted by Ga. L. 2003, p. 652, § 1; Ga. L. 2013, p. 667, § 1/SB 86.) Cross references. - Termination of residential lease after issuance of civil family violence order or criminal family violence order, § 44-7-23 .