G. Burden of Proof

The burden of proof for a punitive contempt order must be based on proof beyond a reasonable doubt.[32] There is a division of authority on the burden of proof required in cases addressing civil or coercive contempt. Tex. Fam. Code ยง 105.005 provides for a preponderance of the evidence, but one Court of Appeals has held that in contempt proceedings to enforce child support, the obligor parent must prove the inability to pay by a preponderance of the evidence.[33] However, the 5th Circuit has said in a civil contempt proceeding that the movant bears the burden of establishing the elements of contempt by clear and convincing evidence.[34] Another court has held the standard to be clear and convincing for civil contempt, and at least one court has held that contempt for a violation of a written court order requires proof beyond a reasonable doubt. [35]