An appeal usually stops a Georgia court from holding you in contempt of the order being appealed, though some orders keep running.
The Order on Appeal Is Off Limits
In Massey v. Massey, 294 Ga. 163 (2013), a husband jailed for contempt of his divorce decree appealed and won release on a supersedeas. The Georgia Supreme Court dismissed the appeal because he had not filed an application, but two days before its remittitur was filed, the trial court jailed him again for violating the same order. The Supreme Court vacated the new order: his notice of appeal had put the contempt order on hold until then.
What Keeps Running
A temporary order keeps running while the final decree is on appeal. An appealed order “granting nonmonetary relief in a child custody case” stands unless “the trial court states otherwise.” OCGA 5-6-34(e). So does a judgment appealed without a required bond. See our posts on temporary alimony and custody orders during an appeal, and on supersedeas.
Appealing a Contempt Finding
OCGA 5-6-13(a) requires a trial judge to grant a person held in contempt a supersedeas “upon application and compliance with the provisions of law as to appeal and certiorari,” if the person also submits, “within the time prescribed by law, written notice that he intends to seek review.” It does not cover “contempt in the presence of the court during the progress of a proceeding.” OCGA 5-6-13(b). A bond can still be required: in Horn v. Shepherd, 292 Ga. 14 (2012), the Georgia Supreme Court held the trial court had to grant both a father’s supersedeas and his former wife’s motion for a bond, and upheld the $14,000 bond set.
In Cross v. Ivester, 315 Ga. App. 760 (2012), a father on work release for unpaid child support applied to appeal but neither sought a supersedeas nor gave written notice, so keeping him in custody was not error. The Court of Appeals affirmed.
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This post is a quick overview of the law and is not intended as legal advice. Please feel free to contact our office for a consultation if you have questions about this or any other legal aspects regarding your case!