The Quaids were due in court on Tuesday (02Nov10) to face charges they have been illegally squatting at a California home they once owned.
The actor and his wife are seeking asylum in Canada, insisting they fear for their welfare if they return to California.
Quaid's attorney insists his client has been advised to stay in Canada for an immigration hearing on 8 November (10).
Santa Barbara Superior Court Judge Donna Geck agreed not to issue a bench warrant for the Brokeback Mountain star, but insisted Evi Quaid would be subject to such punishment with prosecutors threatening to seek extradition.
The couple was arrested in September (10), when deputies discovered the actor and his wife living in the guest house of a home they formerly owned. They were charged with felony vandalism.
The Quaids missed an arraignment last month (Oct10) and were arrested days later in Vancouver, Canada, where they sought refugee status.
The couple has maintained the property on which they were living still belongs to them.