§ 9-16-14.Restraining order, injunction, and other measures to seize, maintain, or preserve property; hearing

Chapter 16. Uniform Civil Forfeiture Procedure Act · Last amended 2015 · Last verified July 17, 2026

In one sentenceO.C.G.A. § 9-16-14 lets a court, on the state attorney’s application, enter restraining orders, injunctions, bonds, and receiverships to preserve forfeitable property, allows a temporary restraining order without notice on a probable-cause and jeopardy showing, guarantees a later notice-and-hearing process, sets up a 30-day probable-cause show-cause hearing for owners and interest holders (where hearsay is admissible), and allows a court-supervised sale to satisfy a stipulated-exempt interest holder’s claim.

Full Text of § 9-16-14

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In conjunction with any civil forfeiture proceeding or criminal proceeding involving forfeiture:

(1) The court, upon application of the state attorney, may enter any restraining order or injunction; require the execution of satisfactory performance bonds; appoint receivers, conservators, appraisers, accountants, or trustees; or take any action to seize, secure, maintain, or preserve the availability of property subject to forfeiture, including issuing a warrant for its seizure and writ of attachment, whether before or after the filing of a complaint for forfeiture;

(2) A temporary restraining order under this Code section may be entered on application of the state attorney, without notice or an opportunity for a hearing, if the state attorney demonstrates that:

(A) There is probable cause to believe that the property subject to the order, in the event of final judgment or conviction, would be subject to forfeiture; and

(B) Provision of notice would jeopardize the availability of the property for forfeiture;

(3) Notice of the entry of a restraining order and an opportunity for a hearing shall be afforded to persons known to have an interest in the property. The hearing shall be held at the earliest possible date consistent with subsection (b) of Code Section 9-11-65 and shall be limited to the issues of whether:

(A) There is a probability that the state will prevail on the issue of forfeiture and that failure to enter the order will result in the property’s being destroyed, conveyed, encumbered, removed from the jurisdiction of the court, concealed, or otherwise made unavailable for forfeiture; and

(B) The need to preserve the availability of the property through the entry of the requested order outweighs the hardship on any owner or interest holder against whom the order is to be entered;

(4) If property is seized for forfeiture or a forfeiture lien is filed without a previous judicial determination of probable cause or order of forfeiture or a hearing under paragraph (2) of this Code section, the court, on an application filed by an owner of or interest holder in the property within 30 days after notice of its seizure or forfeiture lien or actual knowledge of such seizure or lien, whichever is earlier, and complying with the requirements for an answer to an in rem complaint, and after five days’ notice to the district attorney of the judicial circuit where the property was seized or, in the case of a forfeiture lien, to the state attorney filing such lien, may issue an order to show cause to the state attorney and seizing law enforcement agency for a hearing on the sole issue of whether probable cause for forfeiture of the property then exists. The hearing shall be held within 30 days unless continued for good cause on motion of either party. If the court finds that there is no probable cause for forfeiture of the property, the property shall be released. In determining probable cause, the court shall apply the rules of evidence; provided, however, that hearsay shall be admissible; and

(5) The court may order property that has been seized for forfeiture to be sold to satisfy a specified interest of any interest holder, on motion of any party, and after notice and a hearing, on the conditions that:

(A) The interest holder has filed a proper claim and has an interest that the state attorney has stipulated is exempt from forfeiture, provided that if the interest holder is a financial institution, it is also authorized to do business in this state and is under the jurisdiction of a governmental agency which regulates financial institutions, securities, insurance, or real estate;

(B) The interest holder shall dispose of the property by commercially reasonable public sale and apply the income first to its interest and then to its reasonable expenses incurred in connection with the sale or disposal; and

(C) The balance of the income, if any, shall be returned to the actual or constructive custody of the court, in an interest bearing account, subject to further proceedings under this chapter.

End

Plain-English Summary

Property tied up in a forfeiture case can disappear, lose value, or get encumbered while the case is pending, so this section gives the court a broad toolkit to prevent that — restraining orders, injunctions, performance bonds, appointment of receivers, conservators, appraisers, accountants, or trustees, and seizure warrants or writs of attachment — available on the state attorney’s application either before or after a complaint for forfeiture is filed.

A temporary restraining order can issue without notice to anyone, but only if the state attorney demonstrates two things: probable cause that the property would be forfeitable if the state ultimately wins, and that giving notice first would jeopardize the property’s availability for forfeiture. Once that emergency order is in place, the statute requires notice and a hearing at the earliest possible date under the general injunction timing rules, limited to whether the state is likely to prevail and the property is at risk of being made unavailable, weighed against the hardship the order imposes on the owner or interest holder.

Owners and interest holders get a separate check on seizures or liens that happened without any prior judicial finding of probable cause: they may apply, within 30 days of receiving notice of the seizure or lien or gaining actual knowledge of it, whichever comes earlier, for a show-cause hearing limited to whether probable cause for forfeiture exists. That hearing must happen within 30 days, after five days’ notice to the district attorney or state attorney, and — notably — the court applies the rules of evidence at that hearing except that hearsay is expressly made admissible.

Finally, the section lets the court order a sale of seized property to satisfy a specific interest holder’s claim, but only where the state attorney has stipulated that claim is exempt from forfeiture, the sale is commercially reasonable and public, and any surplus after paying the interest holder’s claim and reasonable expenses goes back into the court’s custody pending the rest of the case.

Frequently Asked Questions

Can the state get a restraining order over property before filing a forfeiture complaint?

Yes. Paragraph (1) allows the state attorney to apply for a restraining order, injunction, or other protective measure either before or after a complaint for forfeiture is filed.

Can the state get a temporary restraining order without notifying the property owner first?

Yes, if the state attorney demonstrates probable cause that the property would be subject to forfeiture and that giving notice would jeopardize the property’s availability for forfeiture.

If my property is restrained, can I demand a hearing on whether the state has probable cause?

Yes. Paragraph (4) lets an owner or interest holder apply for a show-cause hearing within 30 days of receiving notice of the seizure or lien or gaining actual knowledge of it, whichever happens first, and requires the hearing within 30 days absent good cause for delay.

Is hearsay evidence allowed at that probable-cause hearing?

Yes. Paragraph (4) states that hearsay shall be admissible when the court determines probable cause at that hearing.

Can seized property be sold to pay an interest holder before the forfeiture case is finished?

Yes, under paragraph (5), if the state attorney has stipulated the interest holder’s claim is exempt from forfeiture, the interest holder meets any applicable licensing requirements, the sale is commercially reasonable and public, and any leftover proceeds go back into the court’s custody.

Amendment History

Code 1981, § 9-16-14, enacted by Ga. L. 2015, p. 693, § 1-1/HB 233.

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. Last verified July 17, 2026. · Official source

Also known as: Georgia forfeiture restraining orderTRO without notice forfeiture Georgiaprobable cause show cause hearing forfeiture Georgiahearsay admissible forfeiture hearing Georgia