19-13-53
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19-13-53.
(a)
The courts of this state shall use a standardized form or forms for the issuance
of any protective order. The form or forms shall be promulgated by the Uniform
Superior Court Rules. The standardized form or forms for protective orders
shall be in conformity with the provisions of this Code, shall be subject to the
approval of the Georgia Crime Information Center and the Georgia Superior Court
Clerkś
Cooperative Authority as to form and format, and shall contain, at a minimum,
all information required for entry of protective orders into the registry and
the National Crime Information Center Protection Order File. The Administrative
Office of the Courts shall distribute the forms. A court may modify the
standardized form to comply with the
court́s
application of the law and facts to an individual case. The form or forms shall
contain, at a minimum, all information that is required for entry of protective
orders into the registry and the National Crime Information Center Protection
Order file.
(b)
The clerk of the issuing court shall electronically transmit a copy of the
protective order or modification thereof to the registry as expeditiously as
possible but no later than by the end of the next business day after the order
is filed with the clerk of court. In the event of electronic failure, the clerk
of court shall immediately notify the Georgia Crime Information Center which
shall authorize an alternative method of transmitting the protective order or
modification thereof to the registry.
(c)
The Georgia Crime Information Center shall ensure that any protective order or
modification thereof is entered in the registry within 24 hours of receipt of
the protective order or modification from the clerk of court. The inability to
enter information for all data fields in the registry shall not delay the entry
of available information.
(d)
The
sheriff́s
department shall be responsible for the validation of all National Crime
Information Center protective order entries made on its behalf by the superior
court
clerḱs
office in accordance with the validation steps established by the Georgia Crime
Information Center and the National Crime Information Center. All registry
entries shall be validated in accordance with the file retention schedule
established by the National Crime Information Center. The sheriff shall respond
to and confirm 'HIT' confirmation requests based upon the records maintained in
the
sheriff́s
office.
(e)
The entry of a protective order in the registry shall not be a prerequisite for
enforcement of a valid protective order.