Civil Capias Warrant

? What Happens if I Don’t Pay the Child Support?

Not paying the court-mandated child support on time, in accordance with the dates and amounts listed in the court order leads to legal problems - having a Civil Capias Warrant issued in connection to this could be one of them. The reason is simple: disobeying a court mandate is considered “contempt of court”, which entitles the custodial parent to file a case against the parent who missed child support payments.

? What Information Does A Civil Capias Warrant Contain?

To be valid, a Civil Capias Warrant must cover at least the following details:

• The complete name of the evading person, or an accurate description of him/her.
• A statement saying that the stated person committed the said offense, or that the court has a sound reason to believe so.
• The nature of the crime, as well as a place and time where and whenit happened.
• The name, signature, and state seal of the judge issuing the Civil Capias Warrant.

? What’s the Difference Between A Civil Capias Warrant and An Arrest Warrant?

Arrest warrants are produced when someone has been found guilty and charged with a crime. In general, especially for serious offenses, law enforcement officers conduct the arrest as soon as possible. A Civil Capias Warrant, on the other hand, is only issued for those who failed to follow the instructions given by a court of law (namely people who are in “contempt of court”). Regarding the enforcement times, in most states, Civil Capias Warrants cannot be pursued on weekends or at night. Civil Capias Warrants do not always end up with an arrest. For instance,the local law enforcement officer could call the accused to ask if they’re willing to go to court voluntarily, without being arrested. If this evading subject sticks to their promise, once they get before the court, they could explain their absence. If they give a legitimate reason for not appearing at the hearing they missed, they could have it rescheduled and clear the contempt accusation.

? How Can I Deal With A Civil Capias Warrant?

The best solution is to address the issue stated by the warrant – to pay the child support or the fine or to go to court and ask them to reschedule the hearing you failed to attend. The court always gives offenders a reasonable occasion to be heard. If the judge agrees that there were enough reasons that stopped the defendant from attending a hearing, for instance, they will be given a second chance to attend the hearing. If the accused cannot build such a case, they’ll have to accept the legal consequences.

? Can Civil Capias Warrants Be Recalled?

Depending on the jurisdiction, if a Civil Capias Warrant was delivered against a judgment debtor who did not show up for a judgment debtor examination and there was an active Civil Capias Warrant against him for more than five years, the Civil Capias Warrant could be recalled upon order of the administrative judge.