Opinion
A24A0238
09-19-2023
DARREN HAARSTAD v. SHANTERA MCGHEE.
The Court of Appeals hereby passes the following order:
At the request of Shantera McGhee, the trial court entered a stalking twelve month protective order against Darren Haarstad. Haarstad then filed this direct appeal. We, however, lack jurisdiction.
As a general rule, stalking protective orders may be appealed directly. See, generally, Thornton v. Hemphill, 300 Ga.App. 647 (686 S.E.2d 263) (2009); Rawcliffe v. Rawcliffe, 283 Ga.App. 264 (641 S.E.2d 255) (2007). However, a discretionary application is required to appeal a protective order if such order was entered under the Family Violence Act because such cases are domestic relations cases within the meaning of OCGA § 5-6- 35 (a) (2). See Schmidt v. Schmidt, 270 Ga. 461, 461-462 (1) (510 S.E.2d 810) (1999), disapproved on other grounds by Gilliam v. State, 312 Ga. 60 (860 S.E.2d 543) (2021); see also OCGA § 5-6-35 (a) (2) (appeals from orders in domestic relations cases must be by discretionary application). "Family violence" is defined under the Act as the occurrence of specified acts "between past or present spouses, persons who are parents of the same child, parents and children, stepparents and stepchildren, foster parents and foster children, and other persons living or formerly living in the same household." OCGA § 19-13-1. Here, Haarstad and McGhee are the parents of a minor son. Consequently, Harrstad was required to following the discretionary appeal procedures to obtain review of the protective order. Harrstad's failure to do so deprives us of jurisdiction over this appeal, which is hereby DISMISSED.