Category: Warrants · Statute: F.S. 38.22 · Source: Florida Legislature
Understanding Body Attachment (Writ) in Florida
In Florida, a Writ of Body Attachment is a specialized court order directing law enforcement officers to take a specific individual into physical custody and bring them directly before a judge. While it functions similarly to an arrest warrant, a body attachment typically originates from civil court proceedings rather than criminal charges. Under Florida Statute Section 38.22, state courts possess the inherent power to punish contempt, and a body attachment is the primary mechanism used to enforce this authority when an individual fails to comply with judicial orders, ignores a subpoena, or fails to appear for a mandatory court hearing.
The writ most frequently arises in family law and civil litigation contexts. Common catalysts include a parent’s failure to pay court-ordered child support (often referred to as a Title IV-D child support warrant) or a debtor's failure to appear for a deposition in aid of execution. Unlike criminal warrants, which focus on punishment and public safety, a civil Writ of Body Attachment is primarily coercive. It is designed to compel compliance with the court's prior directives, effectively holding the individual until they purge their contempt or testify as required.
Bail and the Purge Amount in Florida
Unlike standard criminal arrests where pretrial release is governed by a monetary bail schedule or a first appearance judge, a person arrested on a civil Writ of Body Attachment is usually assigned a "purge amount" set by the issuing judge. To secure release from jail, the individual must pay this specific purge amount—such as the outstanding child support arrears—or remain in custody until they can be brought before the court for a hearing to assess their financial ability to pay.