Skip to main content
News & Commentary

Dwight Howard Seeks Restraining Order in Georgia Divorce (2026)

Dwight Howard filed for a protective order June 15, 2026, amid his on-again divorce. How Georgia handles restraining orders and annulment claims.

By Antonio G. Jimenez, Esq.Georgia5 min read

Former NBA center Dwight Howard filed court documents on June 15, 2026, seeking a protective order against his estranged wife Amber 'Amy Luciani,' alleging a 'history of lying and manipulating' and claiming she tricked him into marriage, according to TMZ. For Georgia residents, the filing highlights how protective orders and fraud-based marriage claims interact with divorce proceedings under state law.

Key Facts

ItemDetail
What happenedDwight Howard sought a protective order against ex-wife Amber 'Amy Luciani' and alleged she tricked him into marriage
WhenFiling reported June 15, 2026; couple's divorce saga began December 2024
WhereHoward is an Atlanta-area resident; analysis focuses on Georgia and Florida
Who's affectedThe on-again/off-again couple, married after a one-month engagement
Key statute/ruleO.C.G.A. § 19-13-1 (family violence protective orders); O.C.G.A. § 19-4-1 (annulment)
ImpactProtective order filings can run parallel to divorce and reshape custody, property, and timeline

Why this matters legally

A protective order filing fundamentally changes the procedural posture of a divorce. In Georgia, a family violence protective order under O.C.G.A. § 19-13-1 is a separate legal action from divorce, but the two routinely intertwine. When one spouse seeks a protective order, the court can issue temporary relief — including possession of the marital home, temporary support, and restrictions on contact — within days, long before the divorce itself resolves.

Howard's allegation that his wife 'tricked him into marriage,' as reported by TMZ on June 15, 2026, raises a distinct legal question: fraud in the inducement of marriage. In Georgia, that claim implicates annulment law, not just divorce. Amber has publicly denied the allegations. Whether the matter is litigated in Georgia or Florida matters enormously, because each state treats fraud and protective orders differently. This commentary does not assess the validity of either party's claims.

How Georgia law handles this

Georgia law provides two separate tracks that this news implicates: protective orders and annulment. A petitioner seeking a family violence protective order under O.C.G.A. § 19-13-1 must show an act of family violence — defined to include battery, assault, stalking, or criminal trespass between spouses or former spouses. A judge can grant an ex parte temporary order immediately, then hold a hearing within 30 days under O.C.G.A. § 19-13-3. A final protective order can last up to 12 months and may be extended to three years or made permanent.

The 'tricked into marriage' claim points to annulment. Under O.C.G.A. § 19-4-1, Georgia courts may annul a marriage that is void or voidable, including marriages procured by fraud that goes to the essentials of the marital relationship. Critically, Georgia bars annulment once children are born or are to be born of the marriage — those cases must proceed as divorces. Fraud that merely concerns finances or personality typically does not meet the high threshold; Georgia courts require the deception to strike at a fundamental element of the marriage itself.

Georgia is also an equitable distribution state. Under Georgia's equitable distribution framework, marital property is divided fairly — not automatically 50/50 — based on factors including each spouse's contributions and conduct. A repeatedly filed-and-dismissed divorce, like the one reported here since December 2024, can complicate the valuation date for marital assets and prolong the financial uncertainty for both parties.

Practical takeaways

  1. Treat a protective order as a separate, urgent case. In Georgia, a family violence petition under O.C.G.A. § 19-13-1 moves on its own fast track — an ex parte order can issue immediately, with a hearing within 30 days. Do not assume it will be folded into your divorce timeline.

  2. Understand the difference between divorce and annulment. Claiming you were 'tricked into marriage' is not the same as filing for divorce. Annulment under O.C.G.A. § 19-4-1 requires fraud going to the essentials of marriage and is unavailable once children are involved.

  3. Preserve documentation. Whether you are seeking or defending a protective order, contemporaneous records — texts, emails, photos, dated notes — are the evidence courts weigh most heavily at the 30-day hearing.

  4. Expect repeated filings to cost time and money. Dismissing and re-filing a divorce, as this couple reportedly did multiple times since December 2024, resets deadlines, multiplies filing fees, and can extend the period before marital property is finally valued and divided.

  5. Get jurisdiction right early. Georgia and Florida apply different fraud and protective-order standards. Residency and where the petition is filed can determine which state's law governs your case, so confirm the proper venue before filing.

If you are navigating a contentious divorce involving protective orders or allegations of fraud, the procedural choices you make in the first weeks often shape the entire case. A Georgia family law attorney can help you understand whether a protective order, divorce, or annulment fits your situation and how to protect your rights and your record.

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.

Key Questions

Can you get a restraining order during a divorce in Georgia?

Yes. Under O.C.G.A. § 19-13-1, a Georgia spouse can seek a family violence protective order during divorce. A judge may issue an immediate ex parte order, then hold a hearing within 30 days. Final orders last up to 12 months and may extend to three years.

Can you annul a marriage in Georgia for fraud?

Yes, but the standard is high. Under O.C.G.A. § 19-4-1, Georgia courts may annul a marriage procured by fraud that goes to the essentials of the marital relationship. Annulment is barred once children are born of the marriage, requiring those cases to proceed as divorces instead.

How long does a Georgia family violence protective order last?

A final family violence protective order in Georgia lasts up to 12 months under O.C.G.A. § 19-13-4. A judge may extend it to three years or make it permanent at a renewal hearing. Ex parte temporary orders issue immediately, with a full hearing scheduled within 30 days.

Does filing and dismissing a divorce multiple times affect the case?

Yes. Repeatedly filing and dismissing a divorce, as this couple did since December 2024, resets procedural deadlines, multiplies filing fees, and can shift the valuation date for marital property. In Georgia's equitable distribution system, that delay prolongs financial uncertainty for both spouses.

Is Georgia a 50/50 divorce state?

No. Georgia is an equitable distribution state, meaning marital property is divided fairly rather than automatically 50/50. Courts weigh factors including each spouse's financial and non-financial contributions, conduct during the marriage, and future needs when dividing assets and debts.

Written By

Antonio G. Jimenez, Esq.

Florida Bar No. 21022 | Covering Georgia divorce law