A body attachment is a writ issued by a court against the person who disobeys the court rule or tries to contempt the court. A court calls the person to appear before the judge at a particular time, but if he/she does not appear at that time that means he/she bypassed the court rule. The court takes action against them and issues a writ, directing the authorities to forcefully capture the witness and bring them in front of the judge.
What is the difference between a body attachment and an arrest warrant?
According to Divorce Lawyers in Palo Alto, CA “There is no big difference between a body attachment and an arrest warrant. Both are types of a warrant and are legal notices issued by a judge or magistrate to law enforcement authorities against you. They are responsible for taking you in custody and ensuring your presence in front of a judge. They can go to your house, office, or other workplaces; they can also arrest you on roads.”
An arrest warrant is issued by a judge or magistrate, when a person has committed a particular crime. And body attachment issues is when a person misses the court hearing, does not pay a court fine, and cares for other specific requirements.
Why does a court issue a body attachment warrant?
A body attachment is also known as a bench warrant, and a court may issue this warrant against you while you do not obey the court rules. You can get a bench warrant if you fail to follow the court rules, such as;
- Missing court hearing or failing to appear before the judge
- Interrupting in the investigation procedure
- Evading spousal or child support
- Domestic violence ( when you fight with your wife and she complains against you in court)
- Not paying court fines or dues
- Not paying restitution
While you’re not paying criminal restitution, a court may issue a bench warrant regarding a criminal case—a body attachment itself, not a criminal charge against you.
Criminal charges of a body attachment
The charges of body attachment depend on type of case filed against you. If you’re lucky, you may be released with a warning or your bail from the judge. Some criminal charges that you may face from body attachment are;
- If someone misses the court hearing or disappears, the charges will be a $1,000 fine and one-year jail for misdemeanor case and $5,000 fine and up to three-year jail for felony case. You have to pay charges if you violate the bail conditions, either a misdemeanor or felony bail-jumping.
You have the right to a show to the higher attorney and prove that you missed the court due to authentic reasons that may help you to lower or get rid of the charges.
How can you remove a body attachment warrant?
No doubt, a body attachment warrant is a very serious issue; you can resolve it. While this legal notice is issued against you, you should visit the court clerk from where it was issued. You may also receive a receipt from the court to give you advice on removing this warrant.
However, it is a serious matter; you can not handle it alone. You should contact a professional attorney who takes an interest in your case seriously and help you to remove a body attachment warrant.
Conclusion:
A body attachment or bench warrant is a legal court notice that may be issued against you. The court issues a body attachment warrant while someone attempts blasphemy or contempt of court. It may be a criminal or civil contempt of court. It is issued when someone misses the court hearing, fails to support family, does not pay court dues, etc. You can remove it with the help of a professional lawyer or attorney.
