Family law cases in Texas often involve sensitive and emotionally charged issues, such as child custody, visitation rights, and child support payments. When a court order related to these issues is disobeyed, it is known as contempt of court, and Texas state law takes such violations seriously.
There are two types of contempt: civil and criminal. Civil contempt is used to compel a party to comply with a court order, while criminal contempt is a penalty for disobedience or disrespect of the court.
If you are dealing with any kind of contempt action, you are going to want to be sure you have legal counsel. The Law Offices of Richard C. McConathy understands these issues and can work to help you achieve the most desirable possible solution to your case.
Common Causes of Contempt Actions
Texas law recognizes two types of contempt: direct and indirect.
Direct contempt occurs in the courtroom when a person actively interferes with court proceedings. For example, a person who talks over the judge or makes threats against the other parent could be held in direct contempt.
Indirect contempt occurs outside of the courtroom when a person knowingly violates a court order. For example, a person who violates a protective order and refuses to allow their ex-spouse to access an asset identified in a divorce proceeding or does not comply with visitation hours could be held in indirect contempt.
Indirect contempt is more common in family law matters.
Any attempt to change the terms of a divorce, child custody, or support agreement that is not officially approved by the court can be grounds for contempt.
Here are some specific examples:
- Relocation of the children
- Failure to pay spousal support
- Failure to pay child support
- Denial of visitation rights
- Failure to exercise visitation rights
Even if your spouse agrees to a modification, the court must also approve the proposed modification to avoid being found in contempt. Failure to do so can result in serious consequences, such as jail, probation, fines, makeup visitation, or seizure of property.
Examples of Contempt Under the Texas Family Code
Texas law allows a family court to hold a party in contempt of court for violating a court order related to child custody, child support, or a child-related restraining order.
For example, if a parent refuses to comply with a court-ordered visitation schedule, they could be held in contempt of court. Or, if a parent fails to pay child support, they could also be held in contempt of court.
To enforce a court order, the other party must file a motion with the court. The motion must identify the specific provision of the court order that was violated, as well as the date and damages of the alleged contempt.
If the court finds that the party has violated the court order, the court can impose a variety of penalties, including fines, jail time, or both.
It is important to note that contempt of court is a serious matter. If you are accused of contempt of court, you should seek legal representation immediately.
Consequences of Contempt of Court
Texas law allows a judge to impose a variety of punishments on a person who is held in contempt of court, depending on the nature, severity, and frequency of the violation. The more serious or frequent the violation, the more severe the punishment.
Here are some of the possible consequences:
- Jail time: A person found in contempt of court can be sentenced to up to six months in jail, especially for failing to obey a court order for child support or visitation. The more severe or frequent the violation, the more jail time a person could face.
- Fine: A person found in contempt of court can also be fined up to $500 for each violation. This can add up quickly if there is a pattern of non-compliance.
- Attorney’s fees and court costs: An offender may also be ordered to pay attorney’s fees and court costs for the hearing to enforce the original court order and determine whether the offender is in contempt.
- Community service: A person found in contempt of court may be placed on probation and required to perform community service.
- Reduction of privileges: The court may also reduce the offender’s privileges under the original court order. For example, in a child custody case, the court may reduce the parent’s visitation time or require supervised visits.
It is important to note that contempt of court is a serious matter. If you are accused of contempt of court, you should seek legal representation immediately.
Defenses in Contempt Proceedings
An experienced attorney can help you defend against a contempt of court charge. There are a number of defenses that may be available, depending on the facts of your case.
- Ignorance of the law: If you were unaware that your conduct was disrespectful or disruptive, you may be able to have the charges dismissed.
- Necessity or self-defense: If you acted out of necessity or self-defense, you may be able to obtain a finding of not guilty.
- Reduction in charges: The charges may be reduced to a less serious offense.
- First Amendment protection: If the contempt charge is based on your words alone, you may be able to have the charges dismissed by showing that your speech was protected by the First Amendment.
It is important to note that contempt of court is a serious matter, and even if you have a valid defense, it is important to have an attorney represent you in court.
If you are facing child support enforcement action, there are a few defenses that you may be able to raise.
- Voluntary relinquishment of your child to you: If you have actual care, control, and possession of your child for a significant period of time, you should not have to pay “double” child support.
- Inability to pay: If you are unable to pay the child support that you have been ordered to pay, you may be able to raise this as a defense. However, you will need to prove that you have no options in terms of your ability to provide the support that you are ordered to.
- Direct payments to the other parent: If you have made direct payments to the other parent that are not reflected in the Attorney General’s ledger of payments, you may be able to raise this as a defense. However, you will need to provide evidence to prove that you made the payments.
It is important to note that these are just a few of the defenses that may be available to you. If you are facing child support enforcement action, you should consult with an attorney to discuss your specific case.
If you are facing spousal maintenance enforcement action, there are a few defenses that you may be able to raise.
- Inability to pay: Just as with child support, you may be able to raise an inability to pay as a defense to spousal maintenance enforcement.
- Cohabitation of the ex-spouse: If your ex-spouse is cohabitating with another person, you may be able to raise this as a defense to spousal maintenance enforcement.
Again, it is important to consult with an attorney to discuss your specific case and the defenses that may be available to you.
When presenting a defense to child support or spousal maintenance enforcement, it is important to be prepared and to have evidence to support your claims. You should also be aware that the judge will consider your past behavior when determining whether to grant your defense.
Filing a Motion for Contempt
A motion for contempt is a legal request to the court to hold a person in contempt of court for disobeying a court order. In a child custody case, a motion for contempt may be filed if the other parent has violated or continues to violate the child custody order.
To file a motion for contempt, you must first serve your co-parent with a copy of the motion and a notice of hearing. The hearing will be held at least 21 days after the motion is served.
During the hearing, you and your Texas family law attorney must present evidence to the court to show that your co-parent is in contempt of court. This evidence may include documentation of the court order, records of your co-parent’s violations of the order, and testimony from witnesses.
Your co-parent will also have the opportunity to present evidence at the hearing. They may argue that they did not violate the court order, or that they had valid reasons for not being able to comply with the order.
If the court finds that your co-parent is in contempt of court, the court may order a variety of penalties, such as fines, jail time, or makeup visitation.
For the court to find your co-parent in contempt of court, you must prove that they willfully or intentionally disobeyed the court order. Willful contempt means that your co-parent knew about the order and could have followed it, but chose to disobey it.
Non-willful contempt can occur when a person fails to comply with a court order due to circumstances beyond their control, such as job loss or illness.
The attorney for the person in contempt may also argue that the court order was unclear or unenforceable.
If you are considering filing a motion for contempt, it is important to consult with an experienced Texas family law attorney. An attorney can help you gather the necessary evidence and prepare for the hearing.
It is also important to be prepared for the fact that the contempt hearing may be emotionally charged. Be prepared to calmly and concisely present your case to the court.
Contempt Proceedings Attorney in Tarrant County, TX
If you are having issues with a co-parent not following a court order or you are being accused of disobeying a court order yourself, you will want to contact The Law Offices of Richard C. McConathy as soon as possible. Our firm offers a wealth of experience handling contempt proceeding issues in Fort Worth, Arlington, Grapevine, Keller, Southlake, and other cities in Tarrant County.
Call (817) 422-5350 or contact us online to set up a free consultation so you can freely discuss your entire case with us. Our firm also deals with many kinds of domestic violence issues, such as continuous violence against the family.