§ 1214.Execution of Warrant of Attachment

Title 5. Of Contempts · Last amended 1951 · Last verified July 29, 2026

In one sentenceSection 1214 requires the officer who executes a warrant of attachment in a contempt matter to keep the person in custody and bring them before the court or judge, detaining them until the court rules, unless the person qualifies for release under the undertaking procedure in the next section.

Full Text of § 1214

Text size

Upon executing the warrant of attachment, the officer executing the warrant must keep the person in custody, bring him before the court or judge, and detain him until an order be made in the premises, unless the person arrested entitle himself to be discharged, as provided in the next section.

End

Plain-English Summary

Once a warrant of attachment is executed, § 1214 tells the officer what to do next: keep the person in custody, bring them before the court or judge, and hold them there until the court makes a ruling. There's no discretion to release the person informally or let the matter wait.

The one way out before that hearing is the undertaking described in § 1215 -- if the warrant, as endorsed under § 1213, allows for one, the person can secure release by posting it rather than staying in custody until the return day. Absent that, custody continues until the court acts.

Frequently Asked Questions

What must an officer do after arresting someone on a contempt warrant?

Keep the person in custody, bring them before the court or judge, and detain them until the court issues an order.

Is there any way to avoid staying in custody until the hearing?

Yes, if the warrant allows an undertaking under § 1213, the person can be discharged by executing and delivering one under § 1215.

Amendment History

Amended by Stats. 1951, Ch. 1737.

Source & verification. Section text is reproduced verbatim from the California Legislative Information. Enacted by the California Legislature. Last verified July 29, 2026. · Official source

Also known as: execution of warrant of attachment californiacustody after contempt arrest california