Legal Definitions - civil arrest

A civil arrest is a court-ordered detention of an individual, not because they have committed a crime, but typically to compel their appearance in a civil lawsuit, ensure compliance with a court order, or prevent them from fleeing the jurisdiction with assets that are subject to a judgment or legal claim. It is a coercive measure used in civil proceedings to enforce judicial authority or protect the rights of a party.

• Example 1: Preventing Flight of a Debtor

  Imagine a situation where a court has ordered a business owner to pay a substantial sum of money to a former partner in a breach of contract lawsuit. The business owner, instead of complying, begins liquidating their assets and purchases a one-way international flight ticket, indicating an intent to leave the country permanently to avoid paying the judgment. The former partner's attorney could petition the court for a civil arrest warrant.

  This illustrates a civil arrest because the detention is not for a criminal offense, but to prevent the individual from evading a civil court judgment by fleeing the jurisdiction, thereby ensuring the judgment creditor has a chance to recover their money.

• Example 2: Enforcing Child Support Orders

  Consider a parent who has repeatedly failed to make court-ordered child support payments and has ignored multiple summonses to appear before the family court to explain their non-compliance. The other parent, seeking enforcement, asks the judge for assistance.

  In this scenario, a judge might issue a civil arrest warrant, often referred to as a "body attachment." The purpose of this arrest is not to punish the parent criminally, but to bring them before the court to compel them to explain their failure to pay and to enforce the existing child support order. The parent would typically be released once they comply or make arrangements to comply with the court's directives.

• Example 3: Compelling Witness Testimony

  During a complex civil trial concerning a property dispute, a key witness who possesses vital information is properly served with a subpoena, legally requiring them to appear and testify. Despite this, the witness deliberately fails to show up in court on the scheduled date, causing significant disruption to the proceedings.

  The judge, to ensure the trial can proceed fairly and that justice is served, could issue a civil arrest warrant for the witness. This authorizes law enforcement to locate and detain the witness, bringing them directly to court to provide their testimony. The arrest is not for a crime, but to compel their attendance and ensure the civil judicial process is not obstructed.