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Enforcement of a Texas Order Via Contempt
Texas has many remedies which are available to enforce a Texas court's decree/order. Contempt is a civil remedy with criminal consequences because the violator either will be fined or put in jail. To be held in contempt of court the offender must intentionally violate the court's order. The punishment for contempt varies with fines accessed in amounts up to $500.00 and/or confinement in the county jail for up to six months.
The two most common forms of contempt are: the violation of a court order; or a form of misconduct which occurs in the courtroom in front of the judge.
In findings of contempt a court order must be in writing and signed by the judge before the alleged violation occurred. However, not all violations of a court order are subject to punishment through contempt. For example, we no longer follow the English tradition of Debtor's Prison: a person in Texas cannot be jailed for not paying a debt. If the divorce decree divides credit and debts, failure to pay a debt cannot be remedied through contempt of court. Contempt of court deals with court ordered child support, spousal support or payment from an existing source of money. However, if a temporary order provides for payment of utilities or house payment as a form of child support or spousal maintenance, then any violations of these terms can be remedied by contempt of court. The bottom line is these orders have a relationship to children.
Some difficulties in contempt proceedings usually are associated with the original order. Some orders are ambiguous and too general in nature. Failure to specify with enough details is one of the major flaws which usually results in being unsuccessful in a contempt proceeding. Thus, you may file contempt proceedings and lose, not only at hearing, but bear the costs of legal proceedings.
Contempt proceedings are primarily used to enforced child support payments, visitation rights, division of property and alimony. Both parties must appear at the proceeding. Failure of a party to appear before the judge will result in the issuance of a capias. A capias is treated just like a criminal warrant and will be entered into the national, local and state police computers reflecting the warrant. Contempt proceedings are considered serious in nature and should never be taken lightly by anyone.
One spouse must have lived in Texas for at least six months before filing and must live in the county for 90 days in which the divorce will be filed. If a spouse resides outside the state, he or she may file the Texas county in which his or her spouse resides. Meeting the residency requirement in Texas is required in order for the court to have jurisdiction over the case.
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"A Plain English Guide to Protecting Your Children"
Author: Mary L. Boland, Attorney at Law
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