When may a judge issue a warrant to bring in a family violence offender who ignores a court summons, and what would show there was no justifiable reason?
General information · Not legal advice
Material to check
In the practice file, we read the summons that was issued and the record showing how and when it was served, any paper in which the offender explained the absence, and any warrant the judge has issued. These bear directly on whether the offender failed to respond to a summons made under this provision and whether a reason was given.
These are types of material to look for, not evidence already verified by PRO SE.
Where readings differ
One reading treats the warrant as resting on two conditions the provision names: the offender must not have responded to a summons made because the judge found it necessary for the investigation or hearing, and the judge must find no justifiable reason for that failure, on which finding the judge may issue a warrant to bring the offender in.
Another reading notes that the provision gives no period for which a warrant runs, no way of executing it and no duty to report back, and it leaves open how far a reason given after the failure can still count as justifiable within the meaning of this provision.
Your judgment
If the offender gives a reason only after the warrant has issued, how should the court weigh it under the words of this provision?
PRO SE does not make this decision or keep a case record on this public site.When to reconsider
We look at this again if the provision is amended to add limits on the warrant's execution or duration, or if a decision sets what may count as a justifiable reason for not answering a summons.