A bench warrant is a legal document issued by a judge that authorizes a person’s arrest. It is called a “bench” warrant because it is issued by the judge while sitting “on the bench” in the courtroom. A bench warrant generally is assigned a bond amount when it is issued.

A bench warrant is usually issued when a person fails to appear in court on a specific date after receiving a notice or order to appear. Once the warrant is issued, the person is subject to arrest. In child support cases, the person that the judge issues the warrant against is usually the parent who will be or who has been ordered to pay support (often listed as the “respondent” on the warrant).

Bench Warrant Basics

The Order or Notice to Appear in Court

In a local CSSD case, a CSSD investigator or an officer from the Metropolitan Police Department (MPD) delivers a document entitled “Notice of Hearing and Order Directing Appearance” (NOHODA).  Delivery typically occurs when the CSSD investigator or MPD officer personally serves the respondent with the NOHODA or leaves the document with an adult at the respondent's home or work who accepts it on the respondent's behalf.

A notice to appear in court also may be given to a respondent who comes to court for a child support hearing and, while there in court, signs and receives a copy of a “Notice to Return to Court” document that provides notice of the next hearing date.

Additionally, a respondent may receive notice of an upcoming hearing by coming into the CSSD office and accepting service of a child support petition and a NOHODA.

Steps to Take after Learning of a Bench Warrant

Upon learning that a bench warrant has been issued, the following steps are recommended:

  • Go immediately to the DC Superior Court.
  • Find the court information window, and inform the clerk of the desire to surrender to the court in response to the bench warrant.
  • Report to the courtroom of the judge who issued the warrant or another judge, if directed.

In most cases, the judge will “quash” the warrant and provide notice of a new court date for the respondent to sign. (Note that, in some instances, CSSD staff may proceed with the case on that new hearing date, if there is sufficient information, whether or not the respondent appears in court.)

Arrest Due to a Bench Warrant

A parent can be taken into custody by MPD once a bench warrant is active. This often happens during traffic stops by the police. Once a parent is arrested, that person will be taken to the cellblock at DC Superior Court. If the parent or another person is able to post the bond, the parent will be released from custody. In most child support cases, if the bond cannot be paid, the parent either will be presented to a judge in the child support contempt courtroom or in the cellblock courtroom. Depending on the circumstances of the case, the judge may release the parent and set a new court date, continue to keep the parent in custody, or conduct a child support hearing at that time.

Important Reminder

If a parent comes to court when ordered to appear, a bench warrant will not be issued for that parent's arrest. If a parent learns that a bench warrant has been issued, the recommendation is to go to DC Superior Court as soon as possible; it is better to surrender upon learning about the bench warrant than to be arrested.

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