I. Authority

References to contempt in the Texas Family Code

•   Tex. Fam. Code § 157.001 – Motion for Enforcement

•   Tex. Fam. Code § 157.424 – Relation to Motion for Contempt

•   Tex. Fam. Code § 105.001 – Temporary Orders Before Final Order

•   Tex. Fam. Code § 81.004 – Contempt for Nonpayment of Fee

Statutory limitations on Contempt – Texas Gov't Code § 21.002

•   Punishment is limited to six months in county jail and/or fine of up to $500.00

•   Cumulative punishment cannot exceed 18 months; and

•   Court officers held in contempt are entitled to a personal recognizance bond and another judge to determine the validity of the contempt.

Court Officers – Texas Gov't Code § 21.002(d) requires that an officer of the court held in contempt by a trial court shall, upon request, be released on personal recognizance until a de novo determination of guilt or innocence by another judge assigned by the regional administrative judge. Court officers include:

•   Attorneys

•   Court Reporters

•   Attorneys Ad Litem

•   Receivers