Texas Child Protection Law Bench Book

2024 version: As effective October 1, 2024

C. Indirect Contempt

Indirect or constructive contempt occurs outside the court's presence and does not involve a disruption of orderly court proceedings. Unlike direct contempt, in constructive contempt the issue generally does relate to the case on trial and is most often characterized by a dispute between the parties to the litigation regarding enforcement of a court order. Constructive contempt does not interfere with or interrupt court proceedings since it is the very focus of court proceedings scheduled to address it. Although time is important, it does not have the urgency of direct contempt and, consequently, the law imposes much more stringent procedural standards on constructive contempt hearings. Examples of indirect or constructive contempt include:

•   Having a conversation with a juror after trial begins;

•   Secreting assets from a court-appointed receiver; and

•   Failure to obey a court order.