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Lindsay Normanv.Shane Doby

CourtCourt of Appeals of Georgia
Docket No.A12A2497
DecidedMarch 29, 2013
JudgesCourt of Appeals of Georgia
Tags
CivilFamily LawParental RightsCivil ProcedureEvidenceMotion for New TrialReversalDirect Appeal
Case Summary

Lindsay Norman sought a temporary protective order against her husband, alleging that he followed her, repeatedly contacted her, and harassed her during a child-exchange dispute. A magistrate granted a 12-month order, but the parties later consented to amendments addressing visitation. On the husband’s motion for a new trial, the superior court found the evidence legally insufficient to support the original order while directing the parties to follow the amended visitation terms. The Georgia Court of Appeals held that the evidence showed one automobile-following incident, a brief confrontation at a store, and repeated calls and messages, but did not establish the pattern of harassing and intimidating behavior required for stalking-based relief. The court affirmed that determination. It reversed the direction enforcing or modifying the consent visitation provisions because, once the protective order was invalidated, the court lacked statutory authority to impose temporary visitation rights under it. The court also held that the filed hearing transcript was a public record that Doby could retain. The judgment was affirmed in part and reversed in part.

Opinion

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