What’s the Georgia criminal defense response to obstruction of court orders?
It depends on what kind of order was violated. Georgia treats “obstruction of a court order” as contempt, a bond violation, a probation violation, or a specific crime, each with its own response.
| Order | Consequence | Source |
|---|---|---|
| Any court order | Contempt, limited by statute | O.C.G.A. § 15-6-8 for superior courts |
| Temporary or family violence protective order | Stalking or aggravated stalking; violation of order | §§ 16-5-90, 16-5-91, 16-5-95 |
| Bond condition | Revocation; aggravated stalking in some cases | § 17-6-1; § 16-5-91 |
| Probation condition | Revocation, preponderance standard | § 42-8-34.1 |
| Subpoena | Contempt, up to a $300 fine and 20 days | § 24-13-26 |
Superior courts can punish contempt with a fine of up to $1,000 and jail for up to 20 days under § 15-6-8(5), and other courts have lower limits.
A few distinctions are important:
- Criminal vs. civil contempt. Criminal contempt punishes a past act, with proof beyond a reasonable doubt. Civil contempt can jail a person until they comply.
- Willfulness. Inability to comply, such as lack of money, is a defense.
- Clarity. An order that’s unclear isn’t easily enforced.
- Notice. Was the person actually served?
- Scope. Did the act fall within the order?
A person can’t ignore an order because they believe it’s wrong: the safer path is asking the court to change it. Under the collateral bar rule, disobeying first may foreclose the challenge.
General information about Georgia law as of November 2026. It is not legal advice and does not create an attorney-client relationship.