- Upon the information of any person, under oath, that he is in fear of bodily harm to himself or his family, or of violent injury to his property, from another person, any judicial officer authorized to hold a court of inquiry may issue his warrant requiring the arrest of such other person. If, after the return of the warrant and upon hearing the evidence of both parties, the court is satisfied that probable cause for such fear exists, the court may require the accused to give bond, with good security, to keep the peace as against the person, family, or property of the affiant. If the accused fails to give bond, the court shall commit him to jail. Any person against whom a warrant issues must, within 24 hours, be brought for a hearing before the court which issued the warrant or be released on bond by the sheriff.
- Nothing in this Code section shall prohibit the sheriff from releasing the person at any time prior to the hearing after posting bond. The amount of the bond shall be set by the sheriff but in no event shall the amount set by the sheriff exceed $1,000.00. Such bond shall contain the same conditions as a bond required after a hearing by the court of inquiry, except that, in counties in which a state court is established, all bonds posted under this Code section shall be returnable in the state court rather than in the superior court. Within five days after being released on bond by the sheriff, the person shall be entitled to a hearing before the court of inquiry.
- If it is determined at the hearing that there was not sufficient cause for the warrant to have been issued, the affiant who caused the warrant to be issued shall pay all court costs.
- A judicial officer shall not be required to issue the warrant provided for in this Code section until the person requesting the issuance of the warrant deposits with the judicial officer a sum, not to exceed $12.00, to be applied against the total cost in the proceedings. At the termination of the proceedings, any part of the deposit remaining because of dismissal or because the costs are assessed against another party shall be refunded to the depositor. If the person requesting the issuance of the warrant is unable to pay any deposit, fee, or other cost which would normally be required in the court and subscribes an affidavit to the effect that because of his indigence he is unable to pay these costs, the person shall be relieved from paying the costs and his rights shall be the same as if he had paid the costs.
(Laws 1850, Cobb's 1851 Digest, p. 865; Code 1863, § 4630; Code 1868, § 4654; Code 1873, § 4752; Code 1882, § 4752; Penal Code 1895, § 1238; Penal Code 1910, § 1320; Code 1933, § 76-201; Ga. L. 1962, p. 121, § 1; Ga. L. 1974, p. 322, § 2; Ga. L. 1978, p. 1924, § 2; Ga. L. 1990, p. 8, § 17.)
OPINIONS OF THE ATTORNEY GENERAL
Duties of superior court.
- Superior court must take hold of and finally dispose of all peace warrant cases, and determine upon whom the costs of the warrant shall fall. 1958-59 Op. Att'y Gen. p. 56.
Probate court jurisdiction.
- Because a probate court may hold a court of inquiry pursuant to O.C.G.A. § 17-7-20, the probate court may also issue warrants and require bond pursuant to O.C.G.A. § 17-6-90 or O.C.G.A. § 17-6-110. 1995 Op. Att'y Gen. No. U95-1.
Any person posting a bond may waive the hearing provided by this section. 1974 Op. Att'y Gen. No. U74-103.
Purpose of provisions for return of bond to state court.
- Former Code 1933, §§ 76-101 and 76-201 (see O.C.G.A. §§ 17-6-90 and17-6-110) vested jurisdiction for the return of good behavior or peace bonds in the state court in counties in which such a court was established. That change in jurisdiction, not procedure, was the purpose of Ga. L. 1978, p. 1924. 1978 Op. Att'y Gen. No. U78-50.
Bond limit on sheriff.
- Bond limit of $1,000.00 is imposed on the sheriff and does not affect the justice of the peace. 1974 Op. Att'y Gen. No. U74-103.
Assessment of costs against depositor.
- Depositor should be charged for costs only to the extent that costs are assessed against the depositor and should not be required to pay costs charged against another party. The extent of the refund is determined by who is required to pay the costs. 1969 Op. Att'y Gen. No. 69-20.
Deposit held in trust by issuing officer.
- The $12.00 deposit is held in trust by the officer who issues the warrant pending the outcome of the case, at which time the deposit's return or disposition will be governed by the cost liability of the parties. 1970 Op. Att'y Gen. No. U70-181.
When collection of costs permitted.
- It is not lawful to collect any costs in a peace warrant case until after the warrant shall have been returned to and passed upon by the superior court. 1958-59 Op. Att'y Gen. p. 56.
