Actions Constituting Violations of Bond; Right of Action for Breach of Bond Generally; Imposition of Additional Penalty for Contempt of Court; Finding of Prosecuting Witness in Contempt

  1. Law
  2. Georgia Code
  3. Criminal Procedure
  4. Bonds and Recognizances
  5. Bonds for Good Behavior and to Keep the Peace
  6. Bonds to Keep the Peace
  7. Actions Constituting Violations of Bond; Right of Action for Breach of Bond Generally; Imposition of Additional Penalty for Contempt of Court; Finding of Prosecuting Witness in Contempt

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  1. Actual violence, a threat of violence, or any other act intended and calculated to excite alarm or to provoke a breach of the peace shall be a violation of the bond posted pursuant to Code Section 17-6-110. For every such act, the party at whose instance the bond was required shall have a right of action.
  2. In counties having a population of not less than 200,000 nor more than 250,000 according to the United States decennial census of 1950 or any future such census in which there is located a municipal court, upon oral or written complaint by the injured party, the court may in its discretion issue a rule for contempt against the offending defendant. Upon hearing the rule, if the court finds that there has been a violation of the bond, the court may, in addition to the remedy provided in subsection (a) of this Code section, impose a sentence for contempt of court. If it should appear to the court from the evidence and the court finds that the breach of the peace was provoked or brought about by the conduct of the prosecuting witness, the witness may be ruled for contempt of court and sentenced as provided by law.

(Orig. Code 1863, § 4631; Code 1868, § 4655; Code 1873, § 4753; Code 1882, § 4753; Penal Code 1895, § 1239; Penal Code 1910, § 1321; Code 1933, § 76-202; Ga. L. 1959, p. 3085, § 1; Ga. L. 1982, p. 2107, § 16.)

RESEARCH REFERENCES

ALR.

- What constitutes breach of peace bond, 54 A.L.R. 388.


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