Ga. Comp. R. & Regs. R. 140-2-.19 - The Georgia Protective Order Registry

Current through Rules and Regulations filed through April 4, 2022

(1) Georgia law places responsibility for the establishment, operation and management of a protective order registry within the GBI and principally, GCIC. Accordingly, GCIC will perform the following functions:
(a) Provide access via a secure internet web site to a centralized database for statewide protective orders.
(b) Assign law enforcement officers, prosecuting attorneys and the courts a unique user ID and password established specifically for access to the registry.
(c) Ensure entry into the registry of any protective order or modification thereof received from the Clerk of Court.
(d) Ensure transmission to the NCIC Protection Order File of all protective orders and modifications entered in the registry that meet NCIC data requirements.
(e) Authorize an alternative method of transmitting protective orders to the registry in the event of electronic failure.
(f) Consult with the Georgia Commission on Family Violence regarding the effectiveness of the registry in enhancing the safety of the victims of domestic violence and stalking.
(2) The Superior Court Clerk will scan the protective orders issued by the judge and enter data requested, if available, required by NCIC.
(a) The Court Clerk shall electronically transmit a copy of the protective order or modification thereof to the registry as prescribed by statute.
(b) The Court Clerk shall provide the local Sheriff with a hard copy of all protective orders transmitted to the registry.
(3) Each Sheriff shall be responsible for the validation of all NCIC protective order entries made on its behalf by the Superior Court Clerks office.
(a) Each Sheriff shall validate in accordance with the validation steps and file retention schedule established by both GCIC and NCIC.
(b) Each Sheriff shall respond to and confirm hit confirmation requests based on the records maintained in their office.
(4) The Courts of this state shall use a standardized form or forms for the issuance of any protective order.
(a) Standardized form or forms shall be subject to approval as to form and format by GCIC and the Georgia Superior Court Clerks Cooperative Authority (GSCCCA).
(b) The form or forms shall be promulgated by the Uniform Superior Court Rules Committee.
(c) The Administrative Office of the Courts shall distribute the forms.

Notes

Ga. Comp. R. & Regs. R. 140-2-.19
Authority O.C.G.A. Secs. 16-9-90et seq., 19-13-50 et seq., 35-3-32, 35-3-38, 18 U.S.C. 641, 1030, 1343, 1951, 1952.
History. Original Rule entitled "Sanctions" adopted. F. Mar. 4, 1998, eff. Mar. 24, 1998. Repealed: New Rule entitled "The Georgia Protective Order Registry" adopted. F. Sept. 25, 2007, effective Oct. 15, 2007.

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