Top 15 Texas Family Code Sections Dealing with Contempt of Court

A motion for contempt is not limited to the Texas Family Code.  A violation of other types of court orders may also be the subject of an family law enforcement action- for example, a temporary order concerning the emergency protection of children.

A court clearly has the power of contempt to enforce such orders, assuming the order meets certain tests.

Listed here are the Top 15 Family Code sections that mention contempt or enforcement or define when something becomes an order of the court and is therefore enforceable, such as Associate Judge's recommendation or registration procedure.

1. § 6.506- Violation of temporary court orders concerning divorce and property, including spousal support.

2.  §105.001(f)-  Violation of temporary orders concerning children.

3.  §157.007-  Affirmative Defense to Motion for Enforcement of Possession or Access

4.  §157.008- Affirmative Defense to Motion for Enforcement of Child Support

5.  §9.008 and 157.421-  Clarification of orders not specific to permit contempt

6.  §160.622- Violation of Orders Concerning Paternity Testing

7.  §9.012- Enforcing the Division of Property

8.  §152.303- Enforcing a Custody Decree from Another State

9.  §154.188- Enforcing Orders Requiring Health Insurance for a Child

10.  §81.004, 85.024, 85.026- Provisions of Title IV Protective Orders

11.  §159.603- Uniform Interstate Family Support Act (same effect as Texas order)

12.  §264.306-  Child and Family Services, Refusal to Participate in Counseling Regarding Abused or Neglected Child- Community Service as Sanction for Contempt

13.  §201.013- Associate Judge's Recommendation Becomes Order When Signed by the Court

14.  Civil Practice and Remedies Code §31.002-  Although Not Not Contained In the Family Code, The Turnover Statue is included Because it Has Application to Enforcement of Judgments.  The Court May Enforce By Contempt Its Order Concerning Turnover of Assets.

15.  §8.059- Maintenance (Alimony) When AN Order of the Court Or When An Agreement For the Payment of Maintenance Has Been Voluntarily Entered Into Between The Parties And Approved By the Court.

The proper handling of a contempt matter requires technical skill and care and a vast knowledge of the Family Code and other applicable Texas Codes.  If your case involves contempt, you should seek out the help of an attorney who is experienced in this complex area of the law.

What Is Contempt?

Without contempt, courts are like a tiger without teeth.

Without the ability to enforce it's orders, the Courts are like a tiger without teeth.  Therefore, courts have the power to hold individuals in contempt.  Although generally considered a non-criminal remedy (a civil remedy) but because a person could wind up in jail, it is basically criminal in nature and should be treated with that level of seriousness.  That is why many of the rights that we would normally think of being attached to a criminal proceeding (reading of rights, right to counsel, etc) may come into play.

Also, attorneys who attempt to get contempt for their clients must have specialized skill because pleadings and orders must be drafted with particular care.  An alleged contemptor may get off on a technicality because of sloppy drafting and because double jeopardy may attach, the careless lawyer may not have the opportunity to fix their error.

Contempt may be punished by a fine of not more tha $500 or confinement in the county jail for up to 6 months, or both.  That is for each violation (which in most family court proceedings there are usually multiple violations of support payments or instances of denied visitation.  In addition, contemptors can be placed on probation and under community supervision for a period not to exceed ten years. (Texas Family Code 157.211 and 157.212).

Contempt comes in two flavors.  Direct contempt is something that happened in front of the judge.  When Judge Judy gets pissed off at the sophomoric behavior of some idiot who can't get clue- that is direct contempt.   Direct contempt ensures that the court and the officers in it are treated with the respect and deference necessary for justice to happen. The other kind of contempt is called constructive contempt.  This is when, outside of court, a person does or fails to do something the court ordered him to do.  Essentially, the contemptor may be smiling to the judge's face, but then thumbing his nose at the court as soon as his back is towards the bench.  Constructive or indirect contempt is much more common and includes the engaging in conduct prohibited by the court such as violating a restraining order or failing to do something the court orders, such as paying child support.  Indirect contempt usually (but not always) requires a written order signed by the judge.

Mumbo-jumbo to know:

• direct contempt
• indirect contempt
• contemptor