FTA bench warrant for court date we didn't know about

[jfelder]

What is the name of your state (only U.S. law)? MD

My boyfriend got a bench warrant for a FTA but he was not made aware that there was a court date and he has no problem appearing. He's going to turn himself in but I really don't want him to go to jail or have a high bond set. He is very compliant. This is over child support.
What can he do to insure that we take the best course of action to avoid consequences for what we believe is an honest mistake?

 

[quincy]

What is the name of your state (only U.S. law)? MD

My boyfriend got a bench warrant for a FTA but he was not made aware that there was a court date and he has no problem appearing. He's going to turn himself in but I really don't want him to go to jail or have a high bond set. He is very compliant. This is over child support.
What can he do to insure that we take the best course of action to avoid consequences for what we believe is an honest mistake?

Although most posters who come to this free site do not want to hear this, the best course of action for your boyfriend to take to avoid the consequences of what you both believe was an honest mistake is to have an attorney. The attorney is your boyfriend's best chance of staying out of jail or having a high bond set.

 

[jfelder]

Although most posters who come to this free site do not want to hear this, the best course of action for your boyfriend to take to avoid the consequences of what you both believe was an honest mistake is to have an attorney. The attorney is your boyfriend's best chance of staying out of jail or having a high bond set.

I know, and you're right. We just really cannot afford one... We're looking into getting a public defender or something... Thanks for your reply though, I appreciate it.

 

[TheGeekess]

I know, and you're right. We just really cannot afford one... We're looking into getting a public defender or something... Thanks for your reply though, I appreciate it.

The only way he'll get a public defender is if he is being charged with criminal contempt of the court order, rather than civil contempt. And if it's gone that far, then Boyfriend is in a heap of trouble; usually courts are willing to give the parent that owes child support several chances before jail is mentioned/a possibility. I'd suggest you find someone who is willing to support the children he has, rather than a boyfriend that is going to end up in jail for not supporting his children.

If a person willfully disobeys a lawful child support order, s/he can be found in contempt of court. Once the court finds that person in contempt, the court can order a number of remedies, including that the person be temporarily incarcerated until they pay a certain amount established by the court to “purge” the contempt. The civil contempt action is brought by the custodial parent or the local child support agency acting on their behalf. If you are representing yourself, you can find a Petition for Contempt at: http://mdcourts.gov/family/forms.html (link is external). Once the petition is filed, the nonpaying parent will have to be notified (served with process) since he or she has the Constitutional right to appear at the hearing and present a defense. The court will schedule a hearing to determine if the person should be found in contempt. - See more at: http://www.peoples-law.org/enforcement-collection-child-support#sthash.0sD5HRBG.dpuf

http://www.peoples-law.org/enforcement-collection-child-support

Have boyfriend read these links, too.
http://www.dhr.state.md.us/blog/?page_id=10606
http://www.dhr.state.md.us/blog/?page_id=10527#squelch-taas-toggle-shortcode-content-27