We are independent & ad-supported. We may earn a commission for purchases made through our links.

Advertiser Disclosure

Our website is an independent, advertising-supported platform. We provide our content free of charge to our readers, and to keep it that way, we rely on revenue generated through advertisements and affiliate partnerships. This means that when you click on certain links on our site and make a purchase, we may earn a commission. Learn more.

How We Make Money

We sustain our operations through affiliate commissions and advertising. If you click on an affiliate link and make a purchase, we may receive a commission from the merchant at no additional cost to you. We also display advertisements on our website, which help generate revenue to support our work and keep our content free for readers. Our editorial team operates independently from our advertising and affiliate partnerships to ensure that our content remains unbiased and focused on providing you with the best information and recommendations based on thorough research and honest evaluations. To remain transparent, we’ve provided a list of our current affiliate partners here.

What is a Writ of Assistance?

By Nicholas K.
Updated Feb 18, 2024
Our promise to you
WiseGeek is dedicated to creating trustworthy, high-quality content that always prioritizes transparency, integrity, and inclusivity above all else. Our ensure that our content creation and review process includes rigorous fact-checking, evidence-based, and continual updates to ensure accuracy and reliability.

Our Promise to you

Founded in 2002, our company has been a trusted resource for readers seeking informative and engaging content. Our dedication to quality remains unwavering—and will never change. We follow a strict editorial policy, ensuring that our content is authored by highly qualified professionals and edited by subject matter experts. This guarantees that everything we publish is objective, accurate, and trustworthy.

Over the years, we've refined our approach to cover a wide range of topics, providing readers with reliable and practical advice to enhance their knowledge and skills. That's why millions of readers turn to us each year. Join us in celebrating the joy of learning, guided by standards you can trust.

Editorial Standards

At WiseGeek, we are committed to creating content that you can trust. Our editorial process is designed to ensure that every piece of content we publish is accurate, reliable, and informative.

Our team of experienced writers and editors follows a strict set of guidelines to ensure the highest quality content. We conduct thorough research, fact-check all information, and rely on credible sources to back up our claims. Our content is reviewed by subject matter experts to ensure accuracy and clarity.

We believe in transparency and maintain editorial independence from our advertisers. Our team does not receive direct compensation from advertisers, allowing us to create unbiased content that prioritizes your interests.

A writ of assistance is a document issued by a court to a law enforcement official. This document compels an individual named by the court to hand over documents and possessions to the appointed official. Writs of assistance are rarely utilized in the United States because of constitutional restrictions on court powers. Local, state and federal courts issue writs of assistance in bankruptcy and child custody cases. These limited circumstances lead to alternate titles for a writ of assistance, such as a writ of restitution and a writ of possession.

The British government used a writ of assistance to extract taxes from American colonists following the French and Indian War in 1763. Parliament created revenue policies such as the Stamp Act in 1765 that required taxes on printed goods. Colonists who failed to comply with these policies were subject to writs of assistance by colonial courts. The rise of public protests over British taxation contributed to difficulties in enforcing court orders. The American Revolution and subsequent creation of the U.S. Constitution reduced the prevalence of the writ of assistance.

Legal scholars point to the U.S. Constitution's Fourth Amendment and 14th Amendment in describing the decreased use of the writ of assistance. The Fourth Amendment’s restrictions on illegal searches and seizures placed federal limitations on these orders. Search warrants and writs of assistance issued by courts must pass the probable cause element in the Fourth Amendment. The 14th Amendment prevents deprivation of life, liberty and property without due process of law. This amendment has been interpreted by state courts to limit the power of federal courts to issue a writ of assistance.

Federal bankruptcy courts in the U.S. still use a writ of assistance to extract ownership documents from litigants. These courts set firm dates for delivery of all materials during bankruptcy proceedings. Litigants who fail to meet these deadlines are compelled by writs of assistance to hand over materials to officers. These materials include deeds, bank statements and assets required for the liquidation of businesses. Bankruptcy courts work with the U.S. Marshals Service and local police departments to enforce these court orders.

Another area where writs of assistance are issued is child custody. Local and regional courts set forth conditions for child custody in divorce, abuse and estate cases. Failure to follow through on child custody orders can lead to writs of assistance from family courts. Local and regional sheriffs often are involved in carrying out these writs of assistance. Child custody writs might require the transfer of children to legal guardians or foster homes.

WiseGeek is dedicated to providing accurate and trustworthy information. We carefully select reputable sources and employ a rigorous fact-checking process to maintain the highest standards. To learn more about our commitment to accuracy, read our editorial process.

Related Articles

Discussion Comments

WiseGeek, in your inbox

Our latest articles, guides, and more, delivered daily.

WiseGeek, in your inbox

Our latest articles, guides, and more, delivered daily.