Mandt v. Lovell
Annotate this Case
The issue before the Supreme Court in this case concerned the trial court's termination of a family violence permanent protective order (PPO) issued against William Lovell in favor of Lynda Mandt. After a hearing, the trial court entered a written order terminating some aspects of the PPO, while leaving others including a requirement that Lovell stay away from Mandt, in place. The Court of Appeals affirmed the trial court's termination of the PPO. The Supreme Court granted certiorari to determine under what circumstances, if any, a trial court could terminate a permanent protective order pursuant to OCGA 19- 13-4.1 A restrained party who seeks termination of a permanent protective order
must prove by a preponderance of the evidence that a material change in circumstances has occurred, such that the resumption of family violence is not likely and justice would be served by termination of the order. In reviewing cases like this one, a court should look to the totality of the circumstances, which may include the present nature of the parties' relationship, proximity of shared residences and any shared parental responsibilities; the restrained party's history of compliance with the protective order and history of violence generally both before and after its issuance; the restrained party's efforts to undergo family violence therapy or similar counseling and rehabilitation; the age and health of the restrained party; any undue hardships suffered as a result of the order; and the existence and nature of any objections the victim has to termination of the protective order.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.