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O.C.G.A. § 9-14-23 — Attachment for contempt for disobedience of writ | Georgia Code
O.C.G.A. § 9-14-23 (2018) Copy Cite Official Site Syfertize CourtListener Scholar Amendments

TITLE 9 CIVIL PRACTICE

Section 14. Habeas Corpus, 9-14-1 through 9-14-53.

ARTICLE 1 GENERAL PROVISIONS

9-14-23. Attachment for contempt for disobedience of writ.

Any person disregarding the writ of habeas corpus in any manner whatever shall be liable to attachment for contempt, issued by the judge granting the writ, under which attachment the person may be imprisoned until he complies with the legal requirements of the writ.

(Orig. Code 1863, § 3923; Code 1868, § 3946; Code 1873, § 4022; Code 1882, § 4022; Penal Code 1895, § 1223; Penal Code 1910, § 1304; Code 1933, § 50-115.)

JUDICIAL DECISIONS

Contempt order held authorized.

- After the father sent the child in dispute to his family in Pakistan, the trial court did not err in ordering confinement of the father until the child was returned as the trial court was authorized to find that the father had disobeyed, without defense, a legal requirement of a writ of habeas corpus. Salim v. Salim, 244 Ga. 513, 260 S.E.2d 894 (1979).

RESEARCH REFERENCES

Am. Jur. 2d.

- 39 Am. Jur. 2d, Habeas Corpus and Postconviction Remedies, § 174.

C.J.S.

- 39A C.J.S., Habeas Corpus, § 270.

ALR.

- Mistreatment of prisoner as contempt, 40 A.L.R. 1278.

Liability of judge, court, administrative officer, or other custodian of person for whose release the writ is sought, in connection with habeas corpus proceedings, 84 A.L.R. 807.

Oral court order implementing prior written order or decree as independent basis of charge of contempt within contempt proceedings based on violation of written order, 100 A.L.R.3d 889.

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This Georgia Code resource is curated by Graham Syfert, a personal injury and workers' compensation attorney admitted in Georgia (State Bar of Georgia No. 881027, since 2006) and Florida. Attorney Syfert regularly works with Title 9 in the context of Georgia civil practice and statute of limitations and represents clients throughout Northeast Florida and South Georgia. For legal consultation, call 904-383-7448.