Section 428. Issuance of warrant; certificate of warrant  


Latest version.
  • (a) The court may
      issue a warrant, directing that  the  respondent  be  arrested,  brought
      before  the  court,  when  a  petition  is  presented to the court under
      section four hundred twenty-three and it appears that
        (i) the summons cannot be served, or
        (ii) the respondent has failed to obey the summons; or
        (iii) the respondent is likely to leave the jurisdiction; or
        (iv) a summons, in the court's opinion, would be ineffectual; or
        (v) the safety of the petitioner is endangered; or
        (vi) a respondent on bail or on parole has failed to appear.
        (b) The petitioner may not serve a warrant upon the respondent, unless
      the court itself grants such permission  upon  the  application  of  the
      petitioner. The clerk of the court may issue to the petitioner or to the
      representative  of  an  incorporated charitable or philanthropic society
      having a legitimate interest in the family a certificate stating that  a
      warrant   for   the  respondent  has  been  issued  by  the  court.  The
      presentation of such certificate by said petitioner or representative to
      any peace officer, acting pursuant to  his  special  duties,  or  police
      officer authorizes him to arrest the respondent and take him to court.
        (c)  A  certificate  of  warrant  expires ninety days from the date of
      issue but may be renewed from time to time by the clerk of the court.
        (d) Rules of court  shall  provide  that  a  record  of  all  unserved
      warrants  be kept and that periodic reports concerning unserved warrants
      be made.