HB 728 moves to amend Article 7 of Chapter 5 of Title 16 and Article 1 of Chapter 13 of Title 19 of the Official Code of Georgia Annotated, relating to stalking and the granting of relief by superior courts, respectively.  

Article 7 of Chapter 5 of Title 16 would be amended through the revision of paragraph (1) of subsection (d) of Code Section 16-5-94. When a respondent is directed to refrain from aforementioned conduct with a petitioner, the petitioner must also refrain from contact with the respondent; otherwise, the petitioner will be in violation of the order. Article 7 of Chapter 5 of Title 16 would be further amended by adding a new subsection (b.1) and revising subsection (c) of Code Section 16-5-95. In subsection (b.1), the bill would add the provision that any person who actively solicits contact from a party against whom the original party has secured a civil family violence order, the party is in violation of the order and in violation of paragraph (1) of subsection (d) of Code Section 16-5-94 and paragraph (1) of subsection (a) of Code Section 19-13-4. Subsection (c) would simply move to consider subsection (b.1).  

Article 1 of Chapter 13 of Title 19 would be amended through the revision of subsection (a) of Code Section 19-13-4. The subsection revises paragraphs 1 and 2 to affirm the petitioner's ability to violate the court order through solicited contact of the respondent in general and within a formerly shared residence.