Georgia State Law (O.C.G.A. § 17-4-40) sets forth the procedure for the Court to follow when someone, other than a Law Enforcement Officer applies for the arrest of another person. The law requires the Court to schedule a hearing based upon the application for a criminal warrant and notify the person whose arrest is sought of the forthcoming scheduled hearing. This is conducted prior to the issuance of any criminal warrant by the Magistrate Judge. These instructions are in addition to any and all instructions contained on the Pre-Warrant Application.
1. Completed Pre-Warrant Applications MUST BE PRESENTED IN PERSON by the person requesting the application to the Magistrate Court of Paulding County.
2. Pre-Warrant Applications CANNOT BE MAILED, FAXED OR EMAILED to the Magistrate Court.
3. Completed Pre-Warrant Applications can be filed with the Magistrate Court of Paulding County during the days and times listed:
Monday through Friday 8:00am – 5:00pm (excluding weekends, and all Paulding County observed holidays).
280 Constitution Blvd, Room 1109 Dallas, GA 30132
4. A $20.00 application fee is required at the time of the application and prior to the Magistrate Court sending notice(s) sent and scheduling a hearing.
5. The $20.00 application may be waived in cases involving domestic violence, stalking or other crimes at the discretion of the Magistrate Judge.
6. This application fee is NON-REFUNDABLE regardless of after filing the application the applicant decides not to pursue the matter, fails to appear at the scheduled hearing date/time, or the outcome of the case.
7. The applicant must file a separate application for each person whose arrest is sought, even if the charge(s) being alleged are the same. If you are seeking multiple charges for the same person, a $20.00 fee is required for EACH charge.
8. The crime(s) alleged in the application must have occurred in Paulding County.
9. In most circumstances if you have been charged with a crime by a law enforcement agency relating to this incident, you cannot apply for a Pre-Warrant Application against the victim in that case.
10. If the person you are seeking to have arrested has already been charged criminally by a law enforcement agency relating to this incident, you may not be able to seek a Pre-Warrant Application against that person.
11. If a previous Pre-Warrant Application has been denied or dismissed, you may not apply again based on the same set of facts.
12. The Magistrate Judge cannot discuss the case or meet with the applicant prior to the application.
13. This application can only result in the arrest and detention of another person, if evidence is sufficient to establish a criminal warrant to issue. It will not cause property or children to be returned to you and will not result in the awarding of monetary damages.
Employees of the Magistrate Court of Paulding County, including Judges themselves, are prohibited by law from providing legal advice at any time during your contact with the Court. If you have questions about your legal rights, legal remedies available to you, or what legal documents to file, you must contact an attorney.