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