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Body Attachment

What is a Body Attachment?

A court order to arrest a person who has failed to appear at court in response to a witness subpoena.

Why was the Body Attachment Issued?

The body attachment was issued because you were served with a witness subpoena to appear at RI Family Court and did not appear on the court date for your hearing. So the body attachment is issued for your failure to appear and not because you may or may not owe back child support.

What can Happen to Me?

A body attachment is entered on the Rhode Island warrant system. If you are stopped for a traffic violation or other offense, you can be apprehended by the sheriff, a police officer or constable and either brought before the Family Court, or brought in and held at the ACI until the next family court calendar.

What Should I Do?

We encourage you to immediately present yourself to the Family Court where the body attachment was issued and avoid being picked up by the sheriff.

What will happen if I show up on my own in Family Court?

The Family Court may:

  • Withdraw the body attachment and issue an order you would carry with you to prevent any further apprehensions or;
  • Withdraw the body attachment and continue the case for the other party to be present. You would then be required to appear on that continuance date or;
  • Withdraw the body attachment and go forward with the hearing on the motion that was before the court; or
  • Hold you at the ACI until the other parent can be at the hearing;

What will happen if the Sheriff picks me up?

You will have a hearing. If the Family Court is not is session, you will be brought to the ACI until the next session of the court. You may be ordered to reimburse the state for the cost of the sheriff's service.

Note: If you have an outstanding misdemeanor or felony arrest warrant for another case, that will most likely be addressed by the Court that issued that warrant.

If you have any questions please contact the Office of Child Support Services Agency at 222-2847.

Downloads:

Pamphlet on Body Attachments PDF Document