Know the Laws: Georgia
UPDATED August 14, 2008
back to topWhat is a Bond for Good Behavior?
In the State of Georgia, you can apply for a bond for good behavior, in addition to a family violence protection order. The judge may issue a bond for good behavior if s/he believes the safety of a person in the county is in danger of being injured.*1
A bond for good behavior requires the abuser (defendant) to post bond by giving money or property to the court to hold. the abuser will lose this money or property if he violates the judge's order or commits a crime against you.*2 The court may also find the abuser in contempt of court for violating an order.*3
Bonds for good behavior are not specifically designed for domestic abuse situations, but they can be useful if you need some protection from the court for a short period of time. A bond for good behavior may be extended by the superior or state court for additional 60 day periods. This is up to the court. *4
In a domestic abuse situation, you can only get one if a crime has occurred against you or your family. This can include assault, battery, breaking and entering, trespass, etc. Call the Magistrate Court -- Criminal Division in your county for more information about what incidents would qualify for this type of action.
*1 O.C.G.A. § 17-6-90
*2 O.C.G.A. § 17-6-92
*3 O.C.G.A. § 17-6-94
*4 O.C.G.A. § 17-6-93
back to topHow can I get one?
Here's how you would go about getting a bond for good behavior:
Step 1. Go to the magistrate court - criminal division in the county where the incident occurred. Tell the magistrate that you are interested in getting a bond for good behavior taken out on your abuser. Be sure to bring any evidence or incident reports with you. The magistrate will give you a pre-warrant application form.
Step 2. Fill out the pre-warrant application form. The magistrate may charge you up to $10 for this application, but this fee can be waived in some situations. You will have to swear that everything you have written is true and sign the forms in front of the magistrate or another court official.
Step 3. The magistrate will take your application to the judge. The judge will review the application. The judge may want to ask you some questions.
Step 4. After reviewing your application, the judge will decide if there is enough evidence and information to have a hearing. If there is not enough evidence, you will have to come back and start over if another incident occurs. If there is enough evidence, the judge will set a hearing date and time, which will usually take place in 7 days.
Note: If there is immediate danger to you or to your family, the judge may decide to issue an immediate absolute warrant and arrest the abuser immediately. However, it is much more likely that the judge will just set a hearing date and time.
Step 5. You must go to the hearing. At the hearing, the judge will listen to you and to the abuser, and will look at all the evidence. Then the judge will make a decision. There are three possible decisions:
- The judge may decide that the evidence is so strong, and the situation so dangerous, that the abuser needs to be arrested. In this case, the judge will issue a warrant for the abuser's arrest and take him immediately into custody.
- The judge may decide that there is enough evidence to issue a bond for good behavior. (See next steps below.)
- The judge may decide that there is not enough evidence to either issue a bond or to arrest the abuser. In this case, the judge will just let the abuser leave, with no legal action taken.
Step 7. The abuser will have to pay a certain amount of money to the court, or post bond in the form of property. The bond could be anywhere from a couple hundred dollars to several thousand dollars.
Step 8. The bond for good behavior will last for up to 6 months, but can be renewed in 60 day increments.* A judge has the discretion to extend it longer depending on the situation. During the duration of the bond, the court will keep the money of the abuser. If the abuser violates the judge's orders, or commits any crime against you, then the abuser will lose the money and can be arrested.
Step. 9. To renew a bond for good behavior, you must go back to the magistrate court -- criminal division and apply for a renewal.
The magistrate in the criminal division of your county will be able to help you with more specific information if you are interested in filing for a bond for good behavior.
*O.C.G.A. § 17-6-93