Sec 13-3813. Hearing; discharge; bond; new bond; filing  


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  • A. When the person complained of appears or is brought before the magistrate, if the charge is controverted the magistrate shall hear and determine it.

    B. If it appears that there is no just reason to believe the commission of the offense alleged to have been threatened is imminent, the person complained of shall be discharged.

    C. If there is just reason to believe the commission of the offense is imminent, the person complained of may be required to enter into a bond in such sum, not exceeding five thousand dollars, as the magistrate may direct, with one or more sufficient sureties, to keep the peace toward the state, and particularly toward the complainant.

    D. The bond provided in subsection C shall be binding for six months, and may, upon renewal of the complaint, be extended for a longer period, or a new bond may be required.

    E. The bond shall be filed by the magistrate in the office of the clerk of the superior court.