Legal Question in Family Law in Massachusetts

capius warrant

My ex husband has his license suspended for non payment of child support over the weekend he was arrested for driving on a suspended license will the capius warrant be brought up when he goes to court today and should I be there?


Asked on 4/02/07, 10:26 am

2 Answers from Attorneys

Gregory Lee Gregory P. Lee, Attorney at Law

Re: capius warrant

The capias warrant will probably not be served there, but you may want to go to the court and inform the judge of the situation. Release (recognizance) can be conditional, and the judge -might- either tell him to go straight to the Probate Court or, if the debt is high enough, might order him transported to the Probate and Family Court. If you have the capias, you can have a constable meet you there and have it served upn the ex's release.

You might also call the appropriate Probate and Family Court and speak to the probation department. They might put in a call to the District Court Probation Department and advise of the capias.

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Answered on 4/02/07, 10:32 am
Nicole Reeves Lavallee Reeves Lavallee, P.C.

Re: capius warrant

I am assuming he was arrested and has to appear in district court. The district court will not necessarily known about the capias in the probate court. You may want to go and inform them of that. If you do go then they may bring him directly to probate court to address the child support, but only if you are present.

If you have any questions please contact me.

Nicole

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Answered on 4/02/07, 10:43 am


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