Texas Child Protection Law Bench Book

2024 version: As effective October 1, 2024

E. Civil / Coercive

Civil contempt, more accurately known as coercive contempt, has the purpose of securing compliance with a court order. To be enforceable by coercive contempt the order must be clear and unambiguous.^[48] Due process standards apply in indirect contempt proceedings to assure that the contemnor is offered adequate safeguards. Due process for civil or coercive contempt requires:

•   Full and complete notice of the conduct with which the contemnor is charged;[49]

•   Adequate notice of the court order alleged to have been violated;[50]

•   Ample time to prepare and respond to the allegation;[51]

•   Reasonable notice of the time and date of the contempt hearing;[52]

•   The right to appointed counsel if the alleged contemnor is indigent; [53]

•   The right to a jury trial if the potential punishment exceeds 6 months in jail;[54]

•   The right to be advised by the court of the right to a jury if punishment could exceed 6 months in jail; [55] and

•   The ability to comply with the court order.[56]