CHAPTER 4. CONTEMPT CITATIONS AND WRITS OF ATTACHMENT
IC 34-47-4
Chapter 4. Contempt Citations and Writs of Attachment
IC 34-47-4-1
Service and return of citation
Sec. 1. (a) This section applies to any proceeding in any court ofrecord and of original jurisdiction authorized or empowered by lawto:
(1) punish for contempts of court; or
(2) enforce its orders by contempt proceedings;
whether the contempt proceedings are civil or criminal in nature.
(b) The court may order a citation issued to the sheriff of anycounty for service upon the person alleged to be guilty of contempt,or in violation of any order of the court to:
(1) appear before the court at the time fixed in the citation; and
(2) show cause why the person should not be punished forcontempt of court.
(c) The citation shall be served by the sheriff to whom it isaddressed in the same manner as summons is served in a civilproceeding and due return shall be made to the court issuing thecitation.
As added by P.L.1-1998, SEC.43.
IC 34-47-4-2
Writ of attachment of the body of the person
Sec. 2. (a) For the purpose of procuring personal jurisdiction overa person who has allegedly violated a court order or who is otherwisein contempt of court, the court may issue a writ of attachment of thebody of the person.
(b) A writ of attachment issued under subsection (a) shall:
(1) be directed to a sheriff or assisting sheriff; and
(2) fix an amount of:
(A) bail, if the order that the person has allegedly violateddoes not concern a child support obligation; or
(B) escrow, if the order that the person has allegedly violatedconcerns a child support obligation.
(c) A sheriff or assisting sheriff who receives an order under thissection shall immediately:
(1) serve the writ; and
(2) take the person into custody.
A sheriff may serve a writ of attachment and take the person intocustody in any county.
(d) If an assisting sheriff takes a person into custody, the assistingsheriff shall notify the sheriff. The sheriff, after notification, shallimmediately return the person to the county in which the writ wasissued and take the person before the court that issued the writ.However, the sheriff may release the person:
(1) on bail as in criminal matters; or
(2) after any person has deposited the amount of escrow inaccordance with subsection (e). (e) The escrow shall be:
(1) deposited with the clerk of the court;
(2) an amount:
(A) fixed by the court; and
(B) not more than any delinquent child support allegedlyowed by the person to another; and
(3) subject to a court ordered attachment for satisfaction ofdelinquent child support and interest under IC 31-14-12-1.
(f) All escrow money collected under this section (orIC 34-4-9-2.1 before its repeal) by the clerk of the court shall bedeposited into a single account. The clerk shall:
(1) keep an accounting of all money transferred to the escrowaccount;
(2) issue a receipt to any person who transfers money to theclerk under this section; and
(3) transfer money from the escrow account only under an orderfrom the court that issued the writ of attachment undersubsection (a).
As added by P.L.1-1998, SEC.43.
IC 34-47-4-3
Supplemental nature of chapter
Sec. 3. This chapter shall be construed as supplemental to alllaws:
(1) concerning contempts of courts and punishments forcontempts of court; or
(2) providing for the enforcement of the lawful order of anysuch court.
As added by P.L.1-1998, SEC.43.