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10-11-2008, 08:48 AM
| | Junior Member | | Join Date: Oct 2008
Posts: 5
| | | Civilian Warrant
If a civilian court issues a warrant for arrest and the person it was issued for is in the military, who has jurisdiction? Will the warrant be executed? Any help in this matter would be appreciated. |
10-11-2008, 09:07 AM
| | Senior Member | | Join Date: Aug 2005 Location: St. Odo of Cluny Parish
Posts: 28,187
| | Q: If a civilian court issues a warrant for arrest and the person it was issued for is in the military, who has jurisdiction?
A: Whoever issued the warrant.
Q: Will the warrant be executed?
A: I can't see into the future! 
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10-11-2008, 09:18 AM
| | Junior Member | | Join Date: Oct 2008
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| | | follow up question
Thank you for your reply. Follow up question. Will the civilian court notify the military of the warrant? Is the military required to turn over the enlisted man for said warrant? Thnk you for your help. |
10-11-2008, 10:39 AM
| | Senior Member | | Join Date: Jan 2001 Location: Washington state
Posts: 10,757
| | Quote: |
Will the civilian court notify the military of the warrant?
| Depends on the level of the warrant. A misdemeanor warrant, no, felony warrant, yes. Quote: |
Is the military required to turn over the enlisted man for said warrant?
| No but they will. Folks that run military installations like to stay on the good side when it comes to the local communities. Plus the military can take their own actions based on what happens to the person with the warrant.
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10-11-2008, 01:50 PM
| | Junior Member | | Join Date: Oct 2008
Posts: 5
| | | warrant
I don't know the difference between felony warrant and misdemeanor warrant. It is a warrant for non payment of child support and alimony. Can you tell me which warrant that is. He knew this was going to happen, (my former spouse) that is why he enlisted in the military. If you could tell me where I might find statutes in the military law that I might be able to use and give to the court probation officer, that would be a help. Mine just doesn't seem to bright. I keep having to "inform" him (probation officer) of just how to proceed, locating my former spouse, etc. Any help would be appreciated. Thank you! |
10-11-2008, 01:54 PM
| | Senior Member | | Join Date: Aug 2005 Location: St. Odo of Cluny Parish
Posts: 28,187
| | Quote:
Originally Posted by phoenix360  I don't know the difference between felony warrant and misdemeanor warrant. It is a warrant for non payment of child support and alimony. Can you tell me which warrant that is. He knew this was going to happen, (my former spouse) that is why he enlisted in the military. If you could tell me where I might find statutes in the military law that I might be able to use and give to the court probation officer, that would be a help. Mine just doesn't seem to bright. I keep having to "inform" him (probation officer) of just how to proceed, locating my former spouse, etc. Any help would be appreciated. Thank you! | Google is your friend.
Why are you interested in military law? This sounds like a straight criminal case. I keep having to "inform" him (probation officer) of just how to proceed, locating my former spouse, etc.
Probation officer? Who is on probation?
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10-11-2008, 02:12 PM
| | Junior Member | | Join Date: Oct 2008
Posts: 5
| | | The probation officer is my liaison to the court for hearings, warrants, payments, etc. I do not think he is well versed on military law and how to go about exacting what has been ordered by the court. |
10-11-2008, 02:16 PM
| | Senior Member | | Join Date: Aug 2005 Location: St. Odo of Cluny Parish
Posts: 28,187
| | Quote:
Originally Posted by phoenix360 The probation officer is my liaison to the court for hearings, warrants, payments, etc. I do not think he is well versed on military law and how to go about exacting what has been ordered by the court. | Who is on probation?
And why?
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10-11-2008, 09:12 PM
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Posts: 5
| | | No one is on probation. Here in my state, everything is funneled through the probation department, through case workers in that department. Can you tell me if non payment of child support falls under the misdemeanor warrant or felony warrant? Will they "the probation department" enforce the warrant or will that go through the warrant officers? Your help is appreciated. Thank you |
10-12-2008, 10:02 AM
| | Senior Member | | Join Date: Aug 2005 Location: St. Odo of Cluny Parish
Posts: 28,187
| | Quote:
Originally Posted by phoenix360 No one is on probation. Here in my state, everything is funneled through the probation department, through case workers in that department. Can you tell me if non payment of child support falls under the misdemeanor warrant or felony warrant? Will they "the probation department" enforce the warrant or will that go through the warrant officers? Your help is appreciated. Thank you | Why don't you ask the probation officer?
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10-14-2008, 06:38 AM
| | Member | | Join Date: Dec 2007
Posts: 497
| | | I have seen members picked up at their command for both misdemeanor and felony warrants. |
11-04-2008, 08:16 PM
| | Member | | Join Date: Feb 2005 Location: Florida
Posts: 52
| | | In case you are still working on this...
[url=http://www.dfas.mil/garnishment/military.html]Military[/url]
As long as you have a court order and his SSN you can file for wage garnishment. Good luck. In addition his child is also authorized certain benefits that you should be aware of (medical in particular). It takes time to process, but it is at least a process to work with.
So far as the warrant is concerned, unless the warrant is from the same area that he is currently stationed, it is most likely not going to be served.
Last edited by mtnstyne; 11-04-2008 at 08:19 PM.
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11-05-2008, 09:00 AM
| | Member | | Join Date: Mar 2005
Posts: 643
| | Quote:
Originally Posted by phoenix360 If a civilian court issues a warrant for arrest and the person it was issued for is in the military, who has jurisdiction? Will the warrant be executed? Any help in this matter would be appreciated. | This question can be surprisingly complex. Assuming that a "criminal arrest warrant" has been issued for the servicemember, the servicemember will almost always be turned over to the requesting jurisdiction. IIRC, for a federal warrant the military *must* turn over by law, for a state warrant the military will turn over by policy (and possibly law). There is a twist, however, for out-of-state prisoners. They must waive extradition or go through extradition proceedings.
There may be another twist. When entering a criminal warrant on national databases (like NCIC) the state can specify if it is willing to pay to extradite a prisoner. If the state is not willing to pay to bring the prisoner back, then most other states will simply not bother. (The person can still be arrested, and often is, but if arrangements are not made within a period of time to pick the prisoner up they are let go). I don't know offhand how the military handles such situations.
In addition, not all "arrest" warrants are equal. Some states have special "child enforcement warrants" (or similarly named things) that are described in the family code but do not have the effect of charging a "crime" and may have more limited authority and enforcement. Similarly, sometimes the judge will issue a 'capias' or some kind of contempt citation. These often don't 'travel' well outside the jurisdiction.
So I would ask, has the servicemember been charged with a *crime*, or is this still a civil/administrative collection matter? If so, is it a regular criminal arrest warrant or some "special" warrant under the family code? And finally, is the state willing to pay to bring the person back to your state?
Normally finding a military person is not hard, and the military will usually quickly comply with criminal warrants. Indeed, you don't have to "find" the person at all. Entering the warrant into the NCIC should result in the military being alerted very quickly that the person is wanted. I would suspect that in this case there is some other issue at hand.  |
11-14-2008, 01:50 PM
| | Member | | Join Date: Nov 2008
Posts: 240
| | If you are divorced and have a child together, I imagine that there is a court order for support. You will want to contact the DOD and let them know. They are the ones responsible for garnishing his wages.
It also would be hard to believe that someone would join the military to get out of paying child support.  |
11-14-2008, 01:53 PM
| | Member | | Join Date: Nov 2008
Posts: 240
| |
Here is the link to the DOD:
[url=http://usmilitary.about.com/od/divfinance/l/blgarnish2.htm]Military Child Support/Alimony Garnishment Procedures[/url] | |
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