What Is The Difference Between A Bench Warrant And A Body Attachment?
The terms “bench warrant” and “body attachment” are often used interchangeably, but they have distinct meanings in legal contexts…
- Bench Warrant – A bench warrant is a type of arrest warrant issued by a judge or magistrate from the “bench,” or courtroom. Issued when an individual fails to comply with a court order, such as failing to appear in court for a scheduled hearing or trial. The bench warrant authorizes law enforcement officers to arrest the individual named in the warrant and bring them before the court to address the violation of the court order.
- Body Attachment – A body attachment is similar to a bench warrant but is used primarily in civil cases, particularly in matters related to contempt of court. A body attachment is a court order issued by a judge or magistrate to bring a person into court to testify or provide evidence in a civil case. It may also be issued when an individual fails to comply with a court order in a civil matter. Unlike a bench warrant, which typically involves criminal matters, a body attachment is related to civil proceedings.
While both bench warrants and body attachments involve court orders for individuals to appear before a judge or magistrate. They are issued in different contexts, bench warrants are typically used in criminal cases for failure to appear or comply with court orders, while body attachments are primarily used in civil cases for similar purposes.