Bench warrent/family law

lifeandtimes

Thought this was strange but to be fair i don't have any experience in it.

A guy in work told me he's brother was due in court a couple of weeks ago for maintenance(his application) aftrr the courts issued an interim order and adjourned it a couple of months back.

He couldn't make the date and notified the court the day before as a family emergency had happened.

He contacted the courts a week after to ask when the new date would be and was told that a bench warrent was issued for his absence.

He contacted his solicitor as he was going to go down to the guards and wanted to know the process.

The solicitor told him that he shouldn't go down and wait for the guards to contact him and they will arrange for his arrest to be brought before the judge. This is because there may not be space to have him in front of the judge that day so they arrange it like this.

I was a bit amazed by this, surely if a bench warrent is issued and the person it's for says they will go to the station themselves to execute it is better advice or is that how the family law bench warrent work?

Does anyone know if that's the case?

sean2591

I had a bench warrant last month and ended up going down to the Garda station to try and get it sorted. I ended up getting arrested there, spending a night in thecell and then got brought over to court in custody in a Garda van with another lad. My case was in the CCJ in Dublin so went into this underground place and then had to queue upto get photographed, searched, and go through the whole process of name and details and even sit on this metal chair thing to check for anything you shouldn't have. Was standung in a queue to do that while they were bringing proper prisoners in from the prisons for court too. Then was in a holding cell with 5 or 6 others waiting for my case to be called. Had some strange conversations while I was there.

The Garda told me later that once there was a bench warrant they have to arrest you but said that sometimes they can arrange for you to come down on the morning of court so you don'y have to spend a night in a cell. But I turned up and wasn't speaking to that Garda. I would think it would be better to arange it wit them instead of having them come after you over it but I don't know.

That was for a criminal law case not family court so maybe it works different there. Also if he had a solicitor the solicitor would have explained the case in the court and there wouldn't be a bench warrant issued anyway?

lifeandtimes

sean2591 wrote: »

I had a bench warrant last month and ended up going down to the Garda station to try and get it sorted. I ended up getting arrested there, spending a night in thecell and then got brought over to court in custody in a Garda van with another lad. My case was in the CCJ in Dublin so went into this underground place and then had to queue upto get photographed, searched, and go through the whole process of name and details and even sit on this metal chair thing to check for anything you shouldn't have. Was standung in a queue to do that while they were bringing proper prisoners in from the prisons for court too. Then was in a holding cell with 5 or 6 others waiting for my case to be called. Had some strange conversations while I was there.

The Garda told me later that once there was a bench warrant they have to arrest you but said that sometimes they can arrange for you to come down on the morning of court so you don'y have to spend a night in a cell. But I turned up and wasn't speaking to that Garda. I would think it would be better to arange it wit them instead of having them come after you over it but I don't know.

That was for a criminal law case not family court so maybe it works different there. Also if he had a solicitor the solicitor would have explained the case in the court and there wouldn't be a bench warrant issued anyway?

Thanks that's my understanding of a warrent for the criminal courts but this would be for family law.

I assumed they would have been executed the same but after rethinking it, it's kind of makes sense, people who a warrent is issued in this circumstance may not have necessarily broke the law and I know family law are full to the brim at the moment and can't just have someone brought in and jump the queue, especially if the other party isn't there.

It seems the guarda contact the person the warrent is for to let them know they will be arrested on this date, to make themselves available as a court date is set and them they are brought in. Seems very formal.

Anyone else have any other experience in this?

boardsuser1

There was a warrant issued for me in 2011 for not paying maintenance.

4 months after the warrant was issued 2 cops turned up at my door at 1am and asked me my name,kids etc.

I was arrested by arrangement in the court house, wasn't placed in handcuffs or nothing, but the cop just kept me within eye shot of him until i was called, thereafter i was immediately let go on bail of my own bond,no cash to be lodged.

lifeandtimes

Cork Truck Driver wrote: »

There was a warrant issued for me in 2011 for not paying maintenance.

4 months after the warrant was issued 2 cops turned up at my door at 1am and asked me my name,kids etc.

I was arrested by arrangement in the court house, wasn't placed in handcuffs or nothing, but the cop just kept me within eye shot of him until i was called, thereafter i was immediately let go on bail of my own bond,no cash to be lodged.

Thanks for telling us that, I assume it wasn't easy.

I never guessed the family law warrents would be different to criminal law warrents but like i said it does make sense now. Just baffled me at the time but in cases of maintenance it makes sense not to throw that person in jail as whatever income they may have will be effected if they are held for a certain period of time

boardsuser1

lifeandtimes wrote: »

Thanks for telling us that, I assume it wasn't easy.

I never guessed the family law warrents would be different to criminal law warrents but like i said it does make sense now. Just baffled me at the time but in cases of maintenance it makes sense not to throw that person in jail as whatever income they may have will be effected if they are held for a certain period of time

We need to stop meeting like this :pac::pac::pac:

My ex is/was of the opinion that if i was thrown into jail at the time that the courts would take the money out of my dole even though i told her that prisoners don't or at least shouldn't be getting welfare payments in prison.

In these cases it isn't an actual bench warrant, it's for contempt of a court order.

That was almost 7 years ago now.

Father's, who are mostly the non custodial parents thus paying maintenance are rarely jailed for non payment.

Contempt of court is a criminal offence, but all that happens is an order is made to pay the arrears at about €5 a week normally.

lifeandtimes

Cork Truck Driver wrote: »

Contempt of court is a criminal offence, but all that happens is an order is made to pay the arrears at about €5 a week normally.

Don't be so sure.

I'm familiar with a case of someone on illness benifit from work as they are long term sick. They contacted the mother as they couldn't pay the court order of 260 a month, hoping to come to an agreement. They wouldn't and the father made an application to vary maintenance. He couldn't keep up the payment and arrears accrued of around the 700 mark while he was paying what he could. When they got in the judge ordered he pay 30 euro a week maintenance and 30 euro a week arrears. So from 260 in full time employment to 240 on social welfare (illness benifit) while off sick.

I have to say the family courts here sicking me, Australia have the right idea. 17% or the non custodial parents income, no matter if it's social welfare or wages, it makes sense and they change once they make an application

boardsuser1

lifeandtimes wrote: »

Don't be so sure.

I'm familiar with a case of someone on illness benifit from work as they are long term sick. They contacted the mother as they couldn't pay the court order of 260 a month, hoping to come to an agreement. They wouldn't and the father made an application to vary maintenance. He couldn't keep up the payment and arrears accrued of around the 700 mark while he was paying what he could. When they got in the judge ordered he pay 30 euro a week maintenance and 30 euro a week arrears. So from 260 in full time employment to 240 on social welfare (illness benifit) while off sick.

I have to say the family courts here sicking me, Australia have the right idea. 17% or the non custodial parents income, no matter if it's social welfare or wages, it makes sense and they change once they make an application

A lot of other circumstances come into play such as other children etc.

€240 on illness benefit sounds generous.

I was briefly on it earlier in the year, I got €180 a week.

Australia has an interesting system I was unaware of.

lifeandtimes

Cork Truck Driver wrote: »

A lot of other circumstances come into play such as other children etc.

€240 on illness benefit sounds generous.

I was briefly on it earlier in the year, I got €180 a week.

Australia has an interesting system I was unaware of.

This guy had 2 other children with his current partner, the amount he was ordered pay was a joke but he appealed and luckily the circuit court judge saw sense and withdrew it and ordered a fair amount. Judge must have just taken a disliking to him and made a ridiculous order to get at him between the time of his appeal

Yeah Australia seem to have it down

boardsuser1

lifeandtimes wrote: »

This guy had 2 other children with his current partner, the amount he was ordered pay was a joke but he appealed and luckily the circuit court judge saw sense and withdrew it and ordered a fair amount. Judge must have just taken a disliking to him and made a ridiculous order to get at him between the time of his appeal

Yeah Australia seem to have it down

3 kids on €240 a week? Some judges will reduce it to almost nothing.

Ireland might follow in a few decades

lifeandtimes

Cork Truck Driver wrote: »

3 kids on €240 a week? Some judges will reduce it to almost nothing.

Ireland might follow in a few decades

No he was ordered to pay 60 euro a week for one child with his ex while he had 2 others with his current partner while he was taken in 193 a week in illness benifit

boardsuser1

lifeandtimes wrote: »

No he was ordered to pay 60 euro a week for one child with his ex while he had 2 others with his current partner while he was taken in 193 a week in illness benifit

I take it the current partner didn't have a maintenance order of her own?

That can influence things heavily.

While it might sound daft, it isn't unknown to happen.

When an application is in for variation a judge can hardly disregard an order they or another judge made?

lifeandtimes

lifeandtimes wrote: »

The solicitor told him that he shouldn't go down and wait for the guards to contact him and they will arrange for his arrest to be brought before the judge. This is because there may not be space to have him in front of the judge that day so they arrange it like this.

Your 'guy in works brother' :P needs to get himself a better solicitor.

Of course you should present yourself to a Garda station.

Christmas is the best time for the Garda to execute warrants because people tend to be home.

lifeandtimes

[Deleted User] wrote: »

Your 'guy in works brother' :P needs to get himself a better solicitor.

Of course you should present yourself to a Garda station.

Christmas is the best time for the Garda to execute warrants because people tend to be home.

I don't see how presenting himself will have any benifit?

He has a family and if they lock him up until the next available court date that won't do anyone any good.

Where as if he waits for them to contact him it's can all be done prelanned.

He's not a criminal.

He requested an adjournment and a warrent was issued. Apparently he only sat in front of the judge once as well so he was equally stumped why it was issued.

Thanks for you input but I have since spoke to my work colleague and he said he's brother is taking the legal advice

lifeandtimes

lifeandtimes wrote: »

I don't see how presenting himself will have any benifit?

He has a family and if they lock him up until the next available court date that won't do anyone any good.

Where as if he waits for them to contact him it's can all be done prelanned.

He's not a criminal.

He requested an adjournment and a warrent was issued. Apparently he only sat in front of the judge once as well so he was equally stumped why it was issued.

Thanks for you input but I have since spoke to my work colleague and he said he's brother is taking the legal advice

I dunno, man, the gardai are under no obligation to let him know in advance if they are planning on calling so he could well end up away from his family and in a cell.

Either way, best of luck to him with it.

boardsuser1

Deleted User wrote: »

I dunno, man, the gardai are under no obligation to let him know in advance if they are planning on calling so he could well end up away from his family and in a cell.

Either way, best of luck to him with it.

The courts are finishing up (i think) on December 22nd and reopening (again i think) on January 8th.

In between these dates i would be surprised if a family law bench warrant was executed.

If that was to happen the person in question would either A. be held in custody until the courts return or B. a special sitting of the court will be held.

It would take murder or a massive drugs seizure for something like a special sitting to be called.

The OP has said that legal advice has also been taken which is the wisest thing to do really.

My own situation occurred 3 weeks before Christmas a few years ago and wasn't in handcuffs or a cell, It was adjourned to the new year to enjoy Christmas.