Writ of Body Attachment

by | Jul 30, 2020 | Firm News, Florida Family Law

There are numerous ways a writ of body attachment can be perfected by a court; but first, let’s address what a writ of body attachment is. Florida Statute §61.11 (2019) authorizes a court to execute a written document ordering law enforcement to arrest someone for civil contempt, including failure to pay court-ordered support. The order is enforceable in all Florida counties. It works similar to an arrest warrant and can involve a diligent search and in some cases a private investigator, depending on the parties involved. Once arrested, the person is held in jail until they can be heard by the court and resolve the issue. For failure-to-pay issues, the person may not be released until they pay a purge amount.

The writ may be modified, purged, recalled, terminated, or ruled against by the court. The length of time it stays active may depend on the order itself. You should contact an attorney if you think you may want to modify or recall the writ, or for more information. However, even if the writ of body attachment expires under a specified date, the underlying issues probably will not. You should hire an attorney to represent you during these proceedings and address the underlying needs of your case. Call experienced family law attorney Mark E. Sawicki, P.A. today for a free consultation regarding your case.