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Definition Capias - an arrest warrant ordering the sheriff or another police officer to take a person into custody after he or she refuses to show up to court.

Application in Divorce Capias comes from the Latin meaning "That you take." It refers to several kinds of warrants used to take a person into custody.

As it applies to divorce, capias is a civil arrest warrant used to bring a defendent to court to answer a plaintiff.

Back due child support cases produce the most civil arrest warrants. Parents chronically delinquent in child support sometimes are arrested and serve jail time.

See also Bench Warrant.

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Arrest Warrant - Do Not Take it Lightly
An arrest warrant is not something to take lightly. Ignoring the notice and believing time will make it go away is a foolish approach. A warrant may be out for a person and the sheriff, if backed up, may take six months to take custody. Also, the longer the warrant is out, the worst it looks to the judge.

Contributed on 6/19/2007 by: DivorceDex.com Staff
Category: Divorce Procedure (Applicable in All States)

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