QUESTION
Will my boyfriend be able to settle his bench warrant in a different county?
Asked on Jan 29th, 2013 on Divorce - Delaware
More details to this question:
We found my boyfriend had missed a court date and found out six months later he had a writ of attachment of person in contempt of court. We believe it's a bench warrant. We tried to settle it recently by going to the county court it was issued in and all of the clerks said they couldn't find anything in the system. We were told by his ex wife he does have a warrant. If he does, what will happen when he goes to a set court date in another county for child support? Will they be able to handle the warrant there? Will he be transferred to the other county?
4 ANSWERS
Business Law Attorney serving Mount Pleasant, MI
at
Office of Michael Hyde PLLC
Update Your Profile
Any police officer, or agency that comes into contact with him or court personnel too, can have him taken into custody to respond to the bench warrant. The court where the warrant was issued should have records of that warrant. However, if it was the prosecuting attorney that issued the pick up warrant it may not be in the court's system. You will want to contact the prosecuting attorney to find out. If you contact the county sheriff, they will require him to present himself in person with ID before the tell him if a warrant exists or not. If there is one, they will take him into custody. If he posted bail on the underlying cause of action for the hearing he missed, the bail would have been forfeited. You can contact the bail clerk to see if a warrant was issued under those circumstances.
Answered on Feb 01st, 2013 at 4:37 PM
Appellate Attorney serving Grosse Pointe Farms, MI
at
Musilli Brennan Associates, PLLC
Update Your Profile
It sounds as if your boyfriend is in arrears for his child support. You get an attorney and seek to have a new court date set regarding his failure to pay child support, and at the time the attorney is doing and to hopefully have the bench warrant set aside.
Answered on Feb 01st, 2013 at 5:36 AM
John Arthur Smitten
The warrant has to be settled with the sheriff office that issued it, not the clerk.
Answered on Jan 31st, 2013 at 7:54 PM
Estate Planning Attorney serving Wilmington, DE
at
Reger Rizzo & Darnall, LLP
Update Your Profile
They may hold him on the warrant. He should go to the county where warrant is.
Answered on Jan 31st, 2013 at 6:42 PM