What Is an Outstanding Bench Warrant?

An arrest warrant and a bench warrant are quite different, in who orders the warrant and what the outcome of it will be. A bench warrant is issued as a part of a contempt of court charge, not a criminal act. Appearing before the issuing judge will remedy a bench warrant in most instances.

Arrest Warrant vs Bench Warrant

A bench warrant is issued by the courts, local or federal, or a judge. An arrest warrant is issued by law enforcement when someone is suspected of a crime.

When Is a Bench Warrant Given?

Generally, a bench warrant is issued for contempt of court. Many things can lead to a contempt of court charge, causing a bench warrant.

Failure to Appear

Many judges are understanding and will allow a hearing to be rescheduled if the failure to appear was due to an emergency. Judges must demonstrate a personal knowledge of the contempt which lead to the warrant being issued. While failure to appear is the most common infraction that results in a bench warrant, it is not the only cause of a contempt charge.

Other Actions

In the local court systems, contempt can be filed for failing to abide by a court order in any way. For most family cases, bench warrants are issued when a parent fails to pay the proper child support or a custodial parent does not allow visitation to proceed as ordered by the court. Missing jury duty or even using profane language while in the court room can result in contempt charges.

Appearing Before the Court

To be rid of a bench warrant, a defendant must appear before the court and explain the circumstance that resulted in the bench warrant. This explaination will allow the judge to revise the court order to make it possible for the defendant to stay in compliance.

Relieving the Bench Warrant

The judge will either issue a new court date if the original date was missed or expand the existing court order if failure to abide by the court order was the cause. This gives the defendant a second chance to come into compliance with the court. The bench warrant is relieved after the defendant has appeared before the judge.

Resources

• Law Definitions