Contempt Powers

  1. Law
  2. Georgia Code
  3. Courts
  4. Probate Courts
  5. Jurisdiction, Power, and Duties
  6. Contempt Powers

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  1. The judge of the probate court shall have power to enforce obedience to all lawful orders of his or her court, including a guardianship order or conservatorship order from another state that has been registered with and recorded by the probate court under Article 4 of Chapter 11 of Title 29, by attachment for contempt under the same rules as are provided for other courts.
  2. Probate courts may issue rules and attachments for contempts offered the court or its process by any executor, administrator, guardian, or other person and may punish the same by a fine as high as $500.00 or imprisonment not exceeding 20 days, or both.

(Orig. Code 1863, §§ 307, 4021, 4033; Code 1868, §§ 367, 4050, 4063; Code 1873, §§ 332, 4121, 4128; Code 1882, §§ 332, 4121, 4128; Civil Code 1895, §§ 4233, 4261, 4267; Civil Code 1910, §§ 4791, 4819, 4825; Code 1933, §§ 24-2113, 24-2114; Ga. L. 1990, p. 1421, § 1; Ga. L. 2019, p. 693, § 38/HB 70.)

The 2019 amendment, effective January 1, 2020, in subsection (a), inserted "or her", and inserted ", including a guardianship order or conservatorship order from another state that has been registered with and recorded by the probate court under Article 4 of Chapter 11 of Title 29,".

Cross references.

- Exercise of contempt power generally, § 15-1-4.

Law reviews.

- For article, "Contempt of Court in Georgia," see 23 Ga. St. B. J. 66 (1987). For article, "How Not to Get Thrown in Jail," see 22 Ga. Bar. J. 17 (June 2017).

JUDICIAL DECISIONS

Jurisdiction of probate court to attach and punish for contempt.

- Court of ordinary (now probate court) has jurisdiction of matters pertaining to the estates of deceased persons, jurisdiction over administrators, jurisdiction to compel administrators to account for the assets of an estate in their possession or custody, and jurisdiction in such cases to attach and punish for contempt. Melton v. Jenkins, 50 Ga. App. 615, 178 S.E. 754 (1935).

Cited in Lewis v. Grovas, 62 Ga. App. 625, 9 S.E.2d 282 (1940); Bragg v. Bragg, 225 Ga. 494, 170 S.E.2d 29 (1969); Oakley v. Anderson, 235 Ga. 607, 221 S.E.2d 31 (1975); In re McCool, 267 Ga. App. 445, 600 S.E.2d 403 (2004).

RESEARCH REFERENCES

Am. Jur. 2d.

- 17 Am. Jur. 2d, Contempt, § 1 et seq.


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