On April 15, 2026, former NBA center Dwight Howard withdrew the Temporary Protective Order (TPO) he had obtained days earlier against his estranged wife, Amy Luciani, in a Georgia superior court. Howard's attorney Gillian B. Fierer called the withdrawal a step toward an "amicable resolution" of the divorce he filed in March 2026 after 14 months of marriage. For Georgia residents, the case illustrates how quickly a TPO can be issued — and dismissed — under O.C.G.A. § 19-13-3.
Key Facts
| Detail | Information |
|---|---|
| What happened | Dwight Howard voluntarily dismissed his family violence TPO against Amy Luciani |
| When | April 15, 2026 (original TPO granted days earlier in April 2026) |
| Where | Georgia superior court (Howard resides in the Atlanta metro area) |
| Who's affected | Dwight Howard, 40; Amy Luciani, estranged wife; divorce filed March 2026 |
| Key statute | O.C.G.A. § 19-13-3 (ex parte TPOs) and O.C.G.A. § 19-13-4 (12-month protective orders) |
| Impact | Clears path for negotiated settlement after 14-month marriage ends |
Why This Matters Legally
Withdrawing a restraining order does not erase its legal footprint. Once a Georgia judge signs an ex parte TPO under O.C.G.A. § 19-13-3, the filing becomes part of the public court record, and law enforcement agencies are notified through the Georgia Protective Order Registry. Even after dismissal, the original affidavit — which reportedly alleged that Luciani threatened to "punch him in the throat" and "kill whoever was in the car" with Howard — remains discoverable in the divorce file.
That matters because Georgia courts can weigh family violence allegations when dividing marital property under O.C.G.A. § 19-5-13 and when setting alimony under O.C.G.A. § 19-6-1. A dismissed TPO is not proof of misconduct, but it is admissible evidence that a sworn allegation was made. Georgia is an equitable-distribution state, meaning judges split marital assets fairly rather than 50/50, and documented conflict can shift that calculus by 5-15% in high-asset cases.
How Georgia Law Handles This
Georgia's Family Violence Act, codified at O.C.G.A. § 19-13-1 through § 19-13-6, governs the entire restraining-order process. Here is how the Howard-Luciani sequence maps onto the statute:
-
Ex parte TPO under O.C.G.A. § 19-13-3(b). A petitioner can obtain an emergency order within 24-48 hours without the other party present if the judge finds probable cause of family violence. The order lasts up to 30 days until a full hearing.
-
Full hearing under O.C.G.A. § 19-13-3(c). Within 30 days of the ex parte order, both parties must appear. The court can extend protection for up to 12 months under O.C.G.A. § 19-13-4.
-
Voluntary dismissal. Either party — or the petitioner alone — can move to dismiss before the full hearing. Georgia courts routinely grant these motions, particularly when the parties cite reconciliation or settlement negotiations, as Howard's counsel did.
Georgia divorces themselves proceed under O.C.G.A. § 19-5-3, which lists 13 grounds including "cruel treatment" — a ground that can overlap with the facts underlying a TPO. Howard's March 2026 filing reportedly cites "irretrievably broken," the no-fault ground, which requires no proof of wrongdoing and carries a mandatory 31-day waiting period under O.C.G.A. § 19-5-3(13).
Because the marriage lasted only 14 months, Georgia's alimony framework under O.C.G.A. § 19-6-5 weighs duration heavily. Marriages under 3 years rarely produce long-term alimony awards; judges typically order rehabilitative support of 6-24 months or none at all. Property acquired before the March 2025 wedding remains separate under O.C.G.A. § 19-3-9, which protects each spouse's pre-marital assets.
Practical Takeaways
-
Do not file a TPO as a negotiating tactic. Georgia judges and opposing counsel recognize the pattern. Filing and quickly withdrawing can damage credibility in the underlying divorce and, in extreme cases, expose the petitioner to sanctions under O.C.G.A. § 9-15-14 for frivolous filings.
-
Document threats contemporaneously. If you receive a threatening voicemail or text, save it with a timestamp. Georgia is a one-party-consent state under O.C.G.A. § 16-11-66, so you may record your own conversations, but you cannot record others without their consent.
-
Do not violate a TPO, even a dismissed one. Contact during the active period — even polite contact — is a misdemeanor under O.C.G.A. § 16-5-95, punishable by up to 12 months in jail. Dismissal ends the restriction going forward but does not excuse prior violations.
-
Expect a 31-day minimum timeline. Georgia requires a 31-day waiting period between filing and final decree under O.C.G.A. § 19-5-3. An uncontested divorce with a signed settlement typically closes in 45-60 days; contested cases run 8-18 months.
-
Short marriages still require full financial disclosure. Both parties must file a Domestic Relations Financial Affidavit under Uniform Superior Court Rule 24.2, listing every asset, debt, and income source. Incomplete disclosure can reopen a settlement for up to 3 years under O.C.G.A. § 9-11-60(d).
Frequently Asked Questions
Can a dismissed restraining order still appear on my record in Georgia?
Yes. A dismissed TPO remains in the Georgia Protective Order Registry and court docket indefinitely unless formally sealed. Sealing requires a separate petition under O.C.G.A. § 35-3-37 and is rarely granted. Background checks and future family-court filings can surface the record within 24-48 hours of a search.
How long does a Georgia divorce take after a TPO is dismissed?
Uncontested Georgia divorces close in 45-60 days from the filing date, subject to the mandatory 31-day waiting period under O.C.G.A. § 19-5-3. Contested cases average 8-18 months. A dismissed TPO does not speed or slow the divorce timeline, but settlement momentum from the dismissal often does.
Does a 14-month marriage qualify for alimony in Georgia?
Rarely. Georgia courts applying O.C.G.A. § 19-6-5 consider marriage duration as one of 8 factors, and marriages under 3 years typically produce no alimony or rehabilitative support of 6-24 months. A spouse earning less than 40% of the higher earner's income stands the best chance of any award.
What happens if someone violates a Georgia TPO before it's dismissed?
Violating an active TPO is a misdemeanor under O.C.G.A. § 16-5-95, carrying up to 12 months in jail and a $1,000 fine. Subsequent violations within 10 years become felonies punishable by 1-5 years in prison. Dismissal of the TPO does not retroactively excuse violations during the active period.
Is Georgia a 50/50 property-division state in divorce?
No. Georgia is an equitable-distribution state under O.C.G.A. § 19-5-13, meaning judges divide marital property fairly — not equally. Typical splits range from 50/50 to 65/35 depending on contributions, conduct, and economic circumstances. Pre-marital assets stay separate under O.C.G.A. § 19-3-9.
Need Guidance?
If you are navigating a Georgia divorce involving protective orders, short-marriage property questions, or contested alimony, connect with a vetted Georgia family law attorney through our Georgia attorney directory.
This article discusses recent news and provides general legal commentary. It does not constitute legal advice. Every case is unique. Consult a qualified family law attorney for advice specific to your situation.