Texas Child Protection Law Bench Book

2024 version: As effective October 1, 2024

I. Authority

References to contempt in the Texas Family Code:

•   Tex. Fam. Code § 157.001(b) – Motion for Enforcement

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

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

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

Statutory Limitations on Contempt – Tex. Gov't Code § 21.002

•   Punishment is limited to six months in county jail and/or fine of up to $500;

•   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 – Tex. 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, and receivers.