On April 15, 2026, former NBA star Dwight Howard withdrew a temporary restraining order against his estranged wife Amy Luciani (legal name Amber Howard) just eight days after a Georgia judge granted it on April 7, 2026, according to Complex. The order had required Luciani to stay 100 yards from Howard, two of his children, his mansion, and the kids' private school. Howard cited a desire for an "amicable" divorce resolution, reflecting a strategic decision many Georgia divorcing spouses face when protective orders intersect with pending divorce proceedings.
Key Facts
| Detail | Information |
|---|---|
| What happened | Dwight Howard dismissed TRO against estranged wife Amy Luciani |
| When | TRO granted April 7, 2026; dismissed April 15, 2026 (8 days) |
| Where | Georgia state court (Howard resides in Atlanta area) |
| Who's affected | Howard, Luciani, two Howard children, private school community |
| Key statute | O.C.G.A. § 19-13-3 (Family Violence Act TRO provisions) |
| Impact | Divorce refiled March 2026; parties pursuing negotiated resolution |
Why this matters legally
Withdrawing a temporary protective order before the final hearing is a strategic move that can strengthen — not weaken — a Georgia divorce case when done for settlement purposes. Georgia law treats family violence TROs and divorce proceedings as separate but interrelated actions. A petitioner like Howard can voluntarily dismiss a TRO at any time before the 12-month hearing under O.C.G.A. § 19-13-4, which typically follows an ex parte order within 30 days.
The timing here is notable. Howard originally filed for divorce in June 2025, both parties dismissed those petitions, and Howard refiled in March 2026. Just weeks into the refiled divorce, he obtained the April 7 TRO citing alleged threats — including allegations that Luciani threatened to punch him in the throat and kill passengers in his vehicle — then withdrew it eight days later. Georgia family law practitioners recognize this pattern: a petitioner secures immediate protection under O.C.G.A. § 19-13-3, then uses the leverage to negotiate custody, possession of the marital residence, and no-contact provisions through the divorce settlement rather than through the protective order court.
Importantly, withdrawing a TRO does not bar refiling if new incidents occur. Georgia courts retain jurisdiction under O.C.G.A. § 19-13-4(a) to issue new orders if circumstances change within the statutory lookback period.
How Georgia law handles this
Georgia's Family Violence Act, codified at O.C.G.A. § 19-13-1 through § 19-13-6, governs protective orders between current or former spouses, co-parents, and household members. A petitioner must allege at least one act of family violence — which includes simple assault, battery, stalking, or criminal trespass — occurring within a reasonable time before filing.
Under O.C.G.A. § 19-13-3(b), a judge may issue an ex parte TRO the same day a petition is filed if the allegations show "probable cause exists to believe that family violence has occurred in the past and may occur in the future." These ex parte orders last up to 30 days, at which point the court must hold a full evidentiary hearing where the respondent can present evidence. If the judge finds family violence by a preponderance of the evidence, a 12-month protective order may issue under O.C.G.A. § 19-13-4(c).
The 100-yard stay-away distance in Howard's order is standard in Georgia. Judges routinely order respondents to remain 100 to 500 yards from the petitioner, the petitioner's residence, workplace, children's schools, and specific vehicles. Violation is a misdemeanor under O.C.G.A. § 16-5-95, punishable by up to 12 months in jail and a $1,000 fine. A second violation within 10 years becomes a felony.
When a divorce is pending in Georgia (Howard's March 2026 refiling), many protections a TRO provides — exclusive use of the marital home, temporary custody, no-contact provisions — can be duplicated in temporary orders under O.C.G.A. § 19-6-15 and § 19-9-3. This is often why petitioners withdraw TROs once divorce temporary orders are in place: the same protection exists inside the divorce case without a separate criminal-adjacent proceeding hanging over the respondent.
Practical takeaways
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Document the underlying threats in writing before dismissing any protective order. Preserve text messages, voicemails, and witness statements under Georgia's evidence rules — these become critical if you need to refile under O.C.G.A. § 19-13-4 later.
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Negotiate equivalent protections into your divorce temporary order. Georgia judges can order mutual no-contact provisions, stay-away distances from schools, and exclusive use of the marital residence in a divorce case under O.C.G.A. § 19-6-15 — giving you protection without the criminal-enforcement aspect of a TRO.
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Understand the 12-month statutory limit. Even a full protective order under O.C.G.A. § 19-13-4(c) lasts only 12 months unless extended. If divorce litigation runs long, plan for how you'll transition from TRO-based protection to divorce-based protection.
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Consider the children's school records. Georgia law allows judges to order no-contact with children's schools — but withdrawal of the TRO restores normal access. Update school emergency contacts and carpool lists immediately after any change.
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Consult Georgia family counsel before refiling. Dismissing a TRO without prejudice preserves your right to refile, but repeated filings can affect a judge's credibility assessment in your divorce custody determination under O.C.G.A. § 19-9-3(a)(3).
Frequently asked questions
Can I drop a Georgia protective order once it's been granted?
Yes. Under O.C.G.A. § 19-13-4, the petitioner can voluntarily dismiss a Georgia TRO at any time by filing a motion with the issuing court. Most dismissals are granted without prejudice, meaning you retain the right to refile if new incidents occur within the statutory lookback period, typically 6-12 months.
Does dropping a TRO hurt my Georgia divorce case?
No, not automatically. Georgia divorce judges evaluate custody under O.C.G.A. § 19-9-3 based on the child's best interest, not whether a TRO remained active. However, withdrawing a TRO without documented reasons — like a negotiated settlement — can undercut future allegations of family violence in the divorce proceeding.
How long does a Georgia family violence TRO last?
A Georgia ex parte TRO lasts up to 30 days under O.C.G.A. § 19-13-3, at which point a full hearing occurs. After the hearing, a 12-month protective order may issue under O.C.G.A. § 19-13-4(c). The order can be extended for an additional 3 years or converted to permanent upon a second hearing showing continued danger.
What is the 100-yard stay-away distance in Georgia TROs?
The 100-yard distance is a standard Georgia protective order provision requiring the respondent to remain at least 300 feet from the petitioner and protected persons. Judges may order distances from 100 to 500 yards. Violation is a misdemeanor under O.C.G.A. § 16-5-95, carrying up to 12 months jail and a $1,000 fine for first offenses.
Can threats alone support a Georgia protective order?
Yes. Georgia's Family Violence Act at O.C.G.A. § 19-13-1 includes simple assault, which covers threats placing someone in reasonable apprehension of immediate harm. Verbal threats to cause bodily injury — like threats to punch someone in the throat — can support TRO issuance when the petitioner demonstrates credible fear and a reasonable likelihood of future violence.
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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.