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Bench Warrant

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slgunde

Junior Member
What is the name of your state?
Illinois
My brother has a bench warrant in Illinois- I believe it's for not showing up for court for his divorce. I think it's about 3 months old. He drives a truck for a living, and has not returned to Illinois to take care of it. This weekend he visited me here in New Orleans. He went out drinking with two guys he met last night. These two men robbed him (made him go to ATM's and take all his money out) and dumped him on the side of the road. He must fill out a police report to keep his job with the trucking company. Is there a possibility of him being arrested in New Orleans for the warrant in Illinois when he files the report?
 


ceara19

Senior Member
I doubt that there is a bench warrant for failure to appear at a divorce hearing. Divorce is a CIVIL issue, not a criminal one.
 

FlyingRon

Senior Member
What makes you think a judge won't issue a warrant if you fail to appear in his court for a divorce or other civil matter. Judges get a little testy when they expect you to be there and you fail to appear.
 

eric for ohio

Junior Member
Trust me, the warrant is out there. All he would have had to do was go before the judge and explain why he missed the court date. The judge would have fined him and dropped the warrant. This is my experience.

There used to be two systems that listed warrants, not all states could reach states on the other system. He better hope this is still the case. Where is he located out of?
 

garrula lingua

Senior Member
I've never seen a warrant issued by a Family Law Judge/Commissioner on a 'divorce' case.
It could happen in a contempt hearing, but FL magistrates are really wary about criminal matters (they usually aren't knowledgable re crim law).

If it was a Domestic Violence case, then it's criminal & there would be a warrant, but not for a 'normal' divorce case - the wife would simply have gotten whatever she requested as he did not appear.

Your brother is not being truthful, or he is confused.
 

FlyingRon

Senior Member
The J&DR (Family law) judges here (VA) certainly will. They certainly will in Michigan. Can't comment on Florida or Illinois, but a pissed off judge will do just about anything to get your ass in front of him. Many more states will certainly haul you in for failure to pay child support.
 

garrula lingua

Senior Member
Failure to provide (pay child support) is a crime, listed in the Penal Code - not merely a civil violation of the Family Law Code.

again, either the info was deliberately incorrect to the brother or the bro was confused.
 

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