On April 7, 2026, a Georgia judge signed a Temporary Protective Order (TPO) requiring Amy Luciani to stay at least 100 yards from NBA champion Dwight Howard, two of his children, his Georgia mansion, and the children's private school, according to Complex. For Georgia residents, this case illustrates how O.C.G.A. § 19-13-3 allows family violence victims to obtain ex parte protection within days, with a mandatory follow-up hearing scheduled for April 13, 2026.
Key Facts
| Detail | Information |
|---|---|
| What happened | Georgia judge granted Temporary Protective Order against Amy Luciani (legal name Amber Howard) |
| When | Signed April 7, 2026; follow-up hearing April 13, 2026 |
| Where | Georgia Superior Court (divorce filed in Georgia) |
| Who's affected | Dwight Howard, two of his children, his Georgia residence, children's private school |
| Distance required | 100 yards minimum from Howard, children, home, and school |
| Key statute | O.C.G.A. § 19-13-1 through § 19-13-6 (Family Violence Act) |
| Alleged conduct | Threats to punch Howard in the throat and kill occupants of his vehicle during April 5 confrontation |
Why This Matters Legally
This protective order demonstrates that Georgia courts move decisively when divorce disputes escalate to alleged threats of physical violence. Under Georgia's Family Violence Act, a judge can issue an ex parte TPO the same day a petition is filed if the petitioner shows the court that family violence has occurred and may occur again. The order remains in effect until a full hearing — typically within 30 days — where both parties present evidence.
The 100-yard stay-away provision is a standard component of Georgia TPOs, but extending protection to the children, the family home, and the children's private school reflects the court's assessment that the alleged threats posed a credible risk beyond Howard personally. When a judge includes a school in a protective order, it effectively suspends any in-person contact between the restrained party and the children during school drop-off, pick-up, or events — a significant custody consequence that often reshapes ongoing divorce negotiations.
Protective orders in Georgia divorces carry weight well beyond the immediate safety function. Once entered, they become part of the evidentiary record and routinely influence equitable division, alimony, and custody determinations under O.C.G.A. § 19-9-3, which requires courts to consider family violence history when setting parenting arrangements.
How Georgia Law Handles This
Georgia's approach to family violence protective orders is governed by the Family Violence Act, codified at O.C.G.A. § 19-13-1. The statute defines family violence broadly to include any felony or acts of battery, simple battery, simple assault, assault, stalking, criminal damage to property, unlawful restraint, or criminal trespass between spouses, former spouses, parents of the same child, or persons living in the same household.
To obtain a TPO, a petitioner files a verified petition in the Superior Court of the county where the respondent resides. Under O.C.G.A. § 19-13-3(b), the court may grant ex parte relief — meaning without notice to the other party — if it clearly appears from specific facts that immediate and irreparable injury, loss, or damage will result before the adverse party can be heard. This is exactly the mechanism Howard's attorneys used on April 7.
The follow-up hearing requirement is mandatory. Under O.C.G.A. § 19-13-3(c), the court must hold a hearing within 30 days of the ex parte order, where the respondent has the opportunity to contest the allegations. At the April 13 hearing, the judge can extend the TPO for up to 12 months, convert it to a permanent order lasting up to three years, or dissolve it if the petitioner fails to prove the allegations by a preponderance of the evidence.
Georgia also criminalizes violation of a TPO. Under O.C.G.A. § 16-5-95, knowingly violating a family violence protective order is a misdemeanor for a first offense and a felony punishable by 1 to 10 years imprisonment for subsequent violations.
Practical Takeaways
If you're navigating a high-conflict divorce in Georgia where threats or intimidation have occurred, these steps reflect standard best practices:
- Document every incident contemporaneously. Save text messages, voicemails, social media posts, and dated notes describing verbal threats. Georgia courts rely heavily on specific, dated facts when deciding whether to issue a TPO.
- File in the correct county. Under O.C.G.A. § 19-13-2, you typically file where the respondent resides, though exceptions exist for emergencies.
- Request comprehensive relief. A Georgia TPO can include stay-away provisions, temporary custody, temporary child support, exclusive use of the marital residence, and prohibitions on disposing of marital property — all in a single order.
- Expect a hearing within 30 days. The ex parte order is only temporary. Prepare to present witnesses, text records, and any police reports at the follow-up hearing.
- Coordinate with your divorce attorney. A protective order runs parallel to divorce proceedings but dramatically affects custody and property outcomes. Both cases should be strategically aligned.
- Understand social media implications. Allegations of online defamation, like those Howard raised, can trigger additional civil claims and influence custody evaluations where Georgia courts consider each parent's willingness to foster a healthy relationship with the other parent under O.C.G.A. § 19-9-3(a)(3).
Frequently Asked Questions
How fast can you get a protective order in Georgia?
A Georgia judge can issue an ex parte Temporary Protective Order the same day a verified petition is filed under O.C.G.A. § 19-13-3. A follow-up hearing must occur within 30 days, where the order can be extended up to 12 months or made permanent for up to 3 years.
Does a protective order affect a Georgia divorce case?
Yes. Under O.C.G.A. § 19-9-3, Georgia courts must consider family violence history when determining custody and parenting time. A TPO becomes part of the evidentiary record and routinely influences equitable division, alimony awards, and the ultimate parenting plan entered in the final divorce decree.
What happens if someone violates a TPO in Georgia?
Violating a family violence protective order in Georgia is a criminal offense under O.C.G.A. § 16-5-95. A first violation is a misdemeanor punishable by up to 12 months in jail. Subsequent violations become felonies carrying 1 to 10 years imprisonment, plus potential contempt sanctions in the underlying civil case.
Can a Georgia protective order include children and schools?
Yes. Georgia judges routinely extend TPO coverage beyond the petitioner personally to include minor children, the family residence, workplaces, and schools. The Howard order covers two children, his Georgia mansion, and the children's private school — a standard comprehensive TPO structure under O.C.G.A. § 19-13-4.
What evidence do Georgia courts require for a protective order?
Georgia courts require the petitioner to show family violence occurred and may recur, proven by a preponderance of the evidence at the 30-day hearing. Acceptable evidence includes text messages, voicemails, witness testimony, police reports, medical records, and contemporaneous written accounts of threats or physical acts.
Getting Legal Help
If you're facing a high-conflict divorce in Georgia and need to understand your options for protection, custody, or property division, connecting with an experienced Georgia family law attorney early can make a measurable difference. Every county in Georgia has experienced family violence practitioners who handle these matters daily.
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.