Good Behavior Bonds

The Magistrate Court does not issue restraining orders or temporary protective orders. Those actions must be filed in the Superior Court of Carroll County. You may, however, request a Good Behavior Bond which is a temporary bond and acts like a restraining order.

Justifying Bond Issuance

Issuance of a good behavior bond requires sworn testimony against a person in the county whose conduct justifies the belief that the safety, peace, or property of another person in the county is in danger of being injured or disturbed.

Typical Situations
Most bonds for good behavior cases involve family violence. A few cases involve ongoing, escalating disputes between neighbors. In many cases, the bond for good behavior is one of several possible remedies for a victim. Some of the typical situations where good behavior bonds are used include:
  1. Where a crime has occurred, but the victim is reluctant to pursue criminal prosecution
  2. Where probable cause exists for cross-warrants against both parties
  3. Where probable cause exists for the crime of terroristic threats but there is no corroboration required for conviction
  4. Where stalking of a former domestic partner is combined with a history of past violence
  5. Where the seriousness of the criminal conduct does not yet warrant prosecution, but some action is needed to prevent escalation.
Bond Conditions
A good behavior bond is temporary and acts like a restraining order. If placed on this bond you must comply with specific conditions which may include but are not limited to the following:
  • You must not violate any criminal laws of any governmental unit or engaging in any illegal or criminal activity.
  • You must not engage in any injurious or vicious habits, especially use of alcoholic beverages and any use of narcotics or other dangerous drugs unless lawfully prescribed to you.
  • You must not engage in any harassing conduct toward the victim directly or indirectly. If you encounter the victim anywhere inadvertently at any time, you must leave immediately and must not come within 200 yards of the victim.
  • You must return for a status hearing within 60 days to determine whether the bond will be extended or terminated.
Additional stipulations to bond may include an order for an evaluation and/or treatment for violent behavior, alcohol dependency, or drug dependency.

Proof of Non-Compliance
While under the bond the court may at anytime, upon proper proof of non-compliance with this bond, find the defendant in contempt of the court's order. The court could then either:
  • Fine the defendant up to $200 at the discretion of the court
  • Incarcerate the defendant in the county jail for up to 10 days
  • Enter a judgment against the defendant in an amount up to the maximum amount of the bond

Contact Us

  1. Nathaniel Smith

    Chief Magistrate

    Magistrate Court

    166 Independence Drive

    Carrollton, GA 30117

    Mailing Address

    P.O. Box 338

    Carrollton, GA 30112

    Phone: 770-830-5874

    Fax: 770-830-5851

    Staff Directory