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.
§ 9-14-23.Attachment for contempt for disobedience of writ
Chapter 14. Habeas Corpus · Article 1. General Provisions · Last amended 1933 · Last verified July 17, 2026
In one sentenceO.C.G.A. § 9-14-23 makes anyone who disregards a writ of habeas corpus in any way liable to a contempt attachment issued by the judge who granted the writ, and allows imprisonment under that attachment until the person complies with the writ’s legal requirements.
Full Text of § 9-14-23
Plain-English Summary
A writ of habeas corpus only works if the person it is directed to obeys it. This section supplies the enforcement mechanism for when they do not. Any manner of disregarding the writ — refusing to appear, refusing to produce the detained person, ignoring the return deadline — exposes the disobedient party to attachment for contempt.
The judge who granted the writ is the one who issues the contempt attachment, keeping enforcement in the hands of the judge already familiar with the case rather than routing it through a separate contempt proceeding before a different court. Once the attachment issues, the person may be imprisoned under it, and that imprisonment is coercive rather than punitive in nature: the statute ties its end to compliance, holding the person until they comply with the legal requirements of the writ.
This section works together with the transfer-to-avoid-the-writ provision in Code Section 9-14-12 and the arrest warrant available under Code Section 9-14-9 as a set of tools aimed at the same problem — a respondent who tries to defeat habeas corpus by noncompliance rather than by contesting the case on the merits.
Frequently Asked Questions
What happens if someone disregards a writ of habeas corpus?
They become liable to attachment for contempt, issued by the judge who granted the writ.
Who issues the contempt attachment under this section?
The judge who granted the writ of habeas corpus.
How long can someone be imprisoned under this contempt attachment?
Until they comply with the legal requirements of the writ — the statute ties release to compliance rather than a fixed term.
Does this section apply to any kind of disobedience of the writ?
Yes. The statute covers disregarding the writ “in any manner whatever,” without limiting the contempt remedy to a single type of noncompliance.
Is imprisonment under this section meant as punishment?
It functions as coercion to secure compliance rather than a fixed punishment, since it lasts only until the person complies with the writ’s requirements.
Amendment History
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.
Source & verification. Section text and amendment history are
reproduced verbatim from the Official Code of Georgia Annotated, published by the
Official Code of Georgia Annotated, Georgia Code Revision Commission / LexisNexis. Last verified July 17, 2026.
· Official source
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