Background
Ashley Tatum petitioned for a stalking protective order against Paris Bennett-Stroud. The trial court granted the petition and entered a 12-month protective order under OCGA § 16-5-94.
Bennett-Stroud timely sought discretionary review in the Court of Appeals. The application materials did not indicate that the parties had a familial relationship.
The Court’s Holding
The Court of Appeals granted Bennett-Stroud’s application for discretionary review. It concluded that the stalking protective order did not appear to arise from a domestic-relations matter subject to the discretionary-review procedures in OCGA § 5-6-35(a)(2) and (b).
Because the order was directly appealable, OCGA § 5-6-35(j) required the court to grant the timely application. The court gave Bennett-Stroud ten days to file a notice of appeal in the trial court, unless she had already done so.
Key Takeaways
- A stalking protective order is directly appealable when it does not arise from a domestic-relations matter.
- A timely discretionary application must be granted when the challenged order is subject to direct appeal.
- The order resolves only the route for appellate review, not the merits of the protective order.
Why It Matters
The order distinguishes stalking protective orders from domestic-relations matters for purposes of Georgia appellate procedure. It confirms that a party challenging a non-domestic stalking protective order may proceed by direct appeal.