Opinion
A24A0649
01-16-2024
CEDRIC JONES v. KIARA ROBERTS.
The Court of Appeals hereby passes the following order:
Kiara Roberts obtained a 12-month family violence protective order against Cedric Jones, the father of her child. Jones then filed this direct appeal. This Court, however lacks jurisdiction.
The court's order specifically stated that it did not modify or change the existing parenting/visitation order.
An application for discretionary appeal is required to appeal orders in domestic relations cases, including actions arising under the Family Violence Act, OCGA § 19-13-1 et seq. See OCGA § 5-6-35 (a) (2); 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, 64 (860 S.E.2d 543) (2021). "Compliance with the discretionary appeals procedure is jurisdictional." Smoak v. Dept. of Human Resources, 221 Ga.App. 257, 257 (471 S.E.2d 60) (1996). Because Jones failed to file a discretionary application, this appeal is hereby DISMISSED.