Legal Question in Family Law in Massachusetts
Capias Question
My ex-husband did not appear on a Contept for failure to pay child support. I just received the Warrant..it has, both an order to arrest ''said body'', but it also has a court date? I don't get it! I am having him arrested for contempt. I understood that as, Sheriff arrests him and brings him directly to the Probate court in which he did not appear. What's with the court date? Am I, the custodial parent, not only responsible to have him arrested, but also responsible for having him arrested on 1 particular calender day! That just can't be right?!
2 Answers from Attorneys
: Capias Question
It is unclear from what you said, but it sounds like this may be a return date.
Sometimes, the Sheriff will advise the person merely to appear in court rather than to take him into custody.
Without seeing the document I cannot tell what you are referring to.
Re: Capias Question
The court date is a specific date on which the Capias is returnable. The sheriff or constable will handle the arrest per your instructions. If you instruct the server to arrest, he or she will arrest, period -- simply make it clear that the husband will not show up. If the server is unable to arrest, the court will (on your request) issue a more open-ended capias.
A good constable or sheriff will stake out the ex's home on the day of the return, or his work-place, and handle the arrest there.
If you wish further consultation, please contact me at [email protected].
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