Who Needs Form 32C: Affidavit for Warrant of Committal?
This form is used by individuals—typically a party in a family law case or legal representative—who are asking the court to issue a warrant of committal. If someone has willfully disobeyed a court order (like failing to pay child or spousal support, ignoring custody terms, or breaching a court-mandated action), Form 32C helps begin the legal process of seeking enforcement through detention. It’s a serious step used when all other enforcement options have been exhausted or ignored.
What Is Form 32C: Affidavit for Warrant of Committal?
Form 32C is a sworn affidavit submitted to the court that outlines why a warrant of committal is being requested. It describes how the other party has failed to comply with a court order and details any past enforcement attempts. By filing this form, you’re asking the judge to consider ordering the individual to be arrested or brought to court to face consequences for their non-compliance. This affidavit must be truthful, thorough, and supported by evidence.
Where Is This Affidavit Submitted?
Once completed and notarized, the affidavit is submitted to the family court or civil court that issued the original order. It typically accompanies a motion or request for a warrant and is part of the documentation the judge will review. Depending on the jurisdiction, the request may be heard in court or reviewed in writing before a warrant is issued.
Why You Need a Notarized Affidavit for Warrant of Committal
Because this process can lead to someone's loss of liberty, the court requires a formally sworn affidavit to ensure all facts are correct and serious enough to justify the request. The notarization confirms the truth of your statement and gives the court legal grounds to proceed. Without this affidavit, your request won’t move forward—and the individual may continue to ignore the court order without consequence.
How to Complete and Notarize Form 32C
- Provide your full legal name and contact information.
Clearly identify yourself and your role in the original court order (e.g. applicant, payee, legal representative). - State the details of the original court order.
Include the date, type of order (e.g., support, custody, access), and what the respondent was directed to do. - Explain how the other party disobeyed the order.
Be specific: missed payments, ignored visits, refused to comply, etc. - List previous enforcement efforts.
Include motions, notices, enforcement through FRO (Family Responsibility Office), or other steps you've taken to get compliance. - Do not sign the affidavit yet.
Bring it to a notary public or commissioner of oaths, along with valid ID and any supporting documents. - Once sworn, file the affidavit with the court.
It should be submitted alongside any motion or application for a warrant of committal.
Final Note
Form 32C: Affidavit for Warrant of Committal is a serious legal tool used when someone has persistently ignored a court order. It must be signed in front of a notary or commissioner of oaths to be valid. Filing this affidavit allows the court to assess whether the person’s non-compliance justifies issuing a warrant—and helps you take a firm step toward enforcing your rights when all else has failed.
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