Under the Special Act on Family Violence Crimes, may a judge issue a warrant for accompaniment without first summoning the person, and on what grounds?
General information · Not legal advice
Material to check
In a practice file of this kind we read the summons already issued, or the record showing none was issued, the application asking for the warrant, and any material on the alleged conduct and the victim's situation that would show why the grounds the provision names are present.
These are types of material to look for, not evidence already verified by PRO SE.
Where readings differ
One reading takes the provision at face value: a judge may issue a warrant for accompaniment without a summons under the summoning provision only where the judge finds either that the alleged family violence offender is unlikely to respond to a summons, or that the warrant is urgently needed to protect the victim.
Another reading notes that the provision says the judge 'may' issue the warrant, so the power is discretionary rather than automatic, and it leaves open what the application must contain, who may apply, and how either of the two grounds is to be shown to the judge.
Your judgment
If the file shows both grounds were argued, which material would show which ground the judge actually relied on in issuing the warrant?
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 or remove a ground, or if a court decision explains how the two grounds are to be proved or how the warrant process runs after issue.