Understanding the Court System in Forsyth County
In January 1989, respondent The Nationalist Movement sought a permit to parade and conduct speeches on the courthouse steps in Cumming. The county administrator charged $100 for the permit. That fee did not include a calculation of expected law enforcement expenses. Learn more for Understanding the Court System in Forsyth County.
The county’s permit scheme was unconstitutional. It ties the amount of the fee to the content of the speech and lacks adequate procedural safeguards.
Criminal Court
The Clerk of Courts can provide copies of criminal records checks as well as information about court dates and help on other legal matters. The website also provides forms needed for your specific case and other helpful resources.
District courts hear civil cases involving divorce, custody and child support as well as misdemeanors and infractions. They also hear juvenile cases involving delinquent children and abused, neglected or abandoned children. Magistrates handle misdemeanor traffic cases and accept guilty pleas for worthless check cases.
Public defenders are assigned to those who cannot afford an attorney for their case. They are available to represent people at every stage of a case including court hearings, depositions and trials. Currently, there is a backlog of cases due to the pandemic and public defenders are handling more than six times as many cases as normal. The DA has created a website to assist defendants with finding information about their case including calendar and proposed continuance dates.
Juvenile Court
The Juvenile Court handles cases involving juveniles who are alleged to be delinquent, dependent, or children in need of services. It is committed to the care, safety and guidance of children; to the fair and respectful treatment of all involved; and to the rehabilitation and restoration of families and communities.
At an arraignment hearing, your child will have the opportunity to enter either a guilty or not-guilty plea to the allegations in the Petition. They will also be able to request the assistance of a private attorney or a court appointed attorney, depending on their financial ability.
The Georgia Division of Child Support offers online customer service; applications and instructions for filing a new or modified child support case; and answers to frequently asked questions on paternity, custody, enforcement, non-custodial parents, and interstate cases. The department also provides information about special treatment courts, such as drug treatment and veteran’s treatment courts, across the state.
Family Court
Forsyth family courts address a wide range of legal issues related to child custody, visitation, alimony, and property division. In general, these courts aim to make decisions that are in the best interests of all parties involved and to do so in a timely manner.
Judges who work in family court often specialize in these matters and receive specialized training. Family cases are also assigned to a single district court judge or team of judges which helps them to become familiar with each family’s case history and to provide consistency in their rulings.
If you are looking to adopt a child, the state of Georgia requires that you first complete a legitimation process. This involves a process where you and the mother agree to voluntary acknowledge your relationship as a father and the court conducts a thorough background check pursuant to O.C.G.A. SS19-8-16 to determine whether you are suitable as a parent.
Mental Health Court
Both Tanner and Morrison are committed to expanding access to mental health care in Forsyth County. For example, the Sheriff’s Office has a Crisis Intervention Response Team that sends a trained professional out on 911 calls that may involve someone who is in a mental health crisis. The goal is to divert the person from jail and connect them with the appropriate treatment provider.
Forsyth County also has a Mental Health Court that offers residential treatment to people who are convicted of crimes (misdemeanors and felonies) in the Enotah Judicial Circuit. The court provides counseling, therapy and medication and holds participants accountable by imposing curfews and conducting field surveillance.
Many mental health clinics in Forsyth County are able to treat dual diagnosis cases, where patients have both a mental illness and an addiction. However, it is important to choose a clinic that specializes in treating the patient’s specific condition. Otherwise, the patient might not get the most out of their treatment.
