A Writ of Bodily Attachment in Florida is a type of civil arrest warrant issued by a court, typically in cases involving failure to pay court-ordered child support or alimony.
Purpose and Issuance
A Writ of Bodily Attachment is issued when:
- The person ordered to pay child support or alimony (the payor) has been delinquent in payments.
- The payor has received fair warning about the delinquency.
- The payor has failed to pay the amount owed.
It is established under Florida Statute 38.22 and Florida Family Law Rule of Procedure 12.615.
Enforcement
- The writ commands the Sheriff of any Florida county to arrest the delinquent payor.
- It can be served and enforced in any county in Florida, even if not the county where it originated.
- Law enforcement can arrest the person named in the writ and bring them before the court.
Consequences
- Once arrested, the person is typically held in jail until they can appear before a judge.
- A “Bowen Hearing” is held within 48 hours to determine the payor’s present ability to pay the owed amount.
- The writ establishes a “purge” amount that must be paid for the person to be released from jail.
Features
- It works similarly to an arrest warrant.
- It is enforceable in all Florida counties. Source
- The writ directs that service and execution can be made on any day of the week and at any time.
- Information about unserved writs is entered into the Florida Crime Information Center system to make it available to law enforcement agencies statewide.
Handling a Writ of Bodily Attachment
If you are named in a Writ of Bodily Attachment:
- Consult with a criminal defense attorney or family law attorney immediately.
- Try to have the judge recall the warrant before an arrest occurs.
- Contact the court to schedule a court date.
- An attorney may be able to appear on your behalf or make arguments to recall the warrant.
A writ of Bodily Attachment doesn’t automatically result in criminal charges, but failing to appear in court when required can be a criminal offense in most states.