Suspension of Punishment

Family Law Cases Pursuant to section 157.165 of the Family Code, the court may place the respondent on community supervision and suspend commitment if the court finds that the respondent is in contempt of court for failure or refusal to obey an order.

Conditions of Community Supervision Pursuant to section 157.211 of the Family Code, the court may order the following conditions of community supervision:

1. report to community supervision officer;
2. permit community supervision officer to visit respondent’s home or elsewhere;
3. obtain counseling on financial planning, budget management, conflict resolution, parenting skills, alcohol or drug abuse, or other matters causing the respondent to fail to obey the order;
4. pay required child support and any arrearages;
5. pay court costs and attorney’s fees ordered by the court;
6. seek employment assistance services offered by the Texas Workforce Commission; and
7. participate in mediation or other services to alleviate conditions that prevent the respondent from obeying the court’s order.

Maximum Term A community supervision period may not exceed 10 years.[16]

Motion to Revoke A written verified motion alleging the specific conduct that constitutes a violation of the terms and conditions of community supervision must be filed.[17]

Arrest and Hearing On the filing of the motion to revoke community supervision, the court may order a respondent’s arrest if the motion alleges a prima facie case of a violation.[18] If arrested, the court shall hold a hearing without a jury on or before the third working day after the date the respondent is arrested. If the court is unavailable for a hearing on that date, the hearing shall be held not later than the third working day after the date the court becomes available, but not later than the seventh working day after the date of arrest.[19]

No subsequent commitment may be ordered without a hearing to determine if a breach of the conditions of probation has occurred.[20]

There are a couple of last contempt issues that should be mentioned.

Where must the contempt proceeding be initiated?

Family Law

The proceeding must be commenced in the court with continuing, exclusive jurisdiction.[21] In a county that operates under a centralized, rotating docket system, any judge is authorized to act on behalf of the other courts in that county.[22]

top of next column

General

Only the original court entering an order can enforce such order by contempt.[23] A transferee court or a newly created court may enforce by contempt when the transferor court or prior court has ceased to exist, e.g., a new family district court may enforce the orders of the replaced domestic relations court.[24]

What if the case is on appeal or has been removed to federal court? Do you have any power to enforce your order?

Contempt Power During Appeal or After Removal

General Rule

In 2004 the Texas Supreme Court clarified the law on whether a trial court’s contempt powers are affected by an appeal. When a final judgment has not been stayed or superseded and no statute or rule of procedure removes the trial court authority, then either the trial court or the appellate court may entertain a motion for contempt.[25]

Family Law Cases

Even before this 2004 Texas Supreme Court case, in family law case a trial court could entertain a motion for contempt while an appeal was pending.[26] The exception for family law cases has now become the general rule.

By statute, however, the pendency of an appeal of a property division in a divorce deprives the trial court of jurisdiction to enforce the terms of the property division.[27]

Temporary Orders Pending Appeal

Section 6.709 of the Texas Family Code gives the trial court the jurisdiction to enter and enforce certain temporary orders pending appeal unless the appellate court supersedes the orders.[28] Although there is no absolute duty on the part of the trial court to enforce such orders, the failure to hold a hearing in response to a motion for contempt is an abuse of discretion.[29]

Removal to Federal Court

There is one case which holds that the trial court does retain jurisdiction to enforce its orders even if the underlying cause has been removed to federal court.[30]

This is everything I know about contempt law where the conduct occurs outside the presence of the court. In the next issue of In Chambers, we will look at direct contempt.

For previous articles in this series:

Contempt, Part I - Contempt: Maintaining Order in the Court

Contempt, Part II - Procedure in Indirect Contempt Cases; Part I: Due Process, Notice and Hearings

Contempt, Part III - Procedure in Indirect Contempt Cases; Part II: Contempt of Court; Appearance, Counsel, Records, Proof and Compliance