Contempt Of Court Texas Penal Code

State:
Texas
Control #:
TX-01470BG
Format:
Word; 
Rich Text
Instant download

Description

Texas courts are statutorily empowered to enforce their orders by contempt. However, a divorce decree that awards a sum of money, payable in a lump sum or in future installments, is generally not enforceable by contempt, unless either:


1. Payment is to be made from a fund that exists at the time of the decree; or


2. The decree awards the right to receive installment payments or a lump-sum payment due on the maturation of an existing vested or non-vested right to be paid in the future; or


3. The award is for temporary spousal maintenance, as when, following a long term marriage, a spouse lacks the ability to work and earn money to be self-support



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  • Preview Motion for Order of Contempt for Failure to Pay Spousal Maintenance
  • Preview Motion for Order of Contempt for Failure to Pay Spousal Maintenance
  • Preview Motion for Order of Contempt for Failure to Pay Spousal Maintenance

How to fill out Texas Motion For Order Of Contempt For Failure To Pay Spousal Maintenance?

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FAQ

If the judge rules that you are in contempt of court for any reason, you should expect to return to jail right away. You should also expect there not to be any bail allowed during this time. You would have to remain there until your case is settled and you have completed your jail sentence.

A criminal contempt conviction for disobedience to a court order requires proof beyond a reasonable doubt of: a reasonably specific order; a violation of the order; and. the willful intent to violate the order.

A motion for contempt is used to enforce a court order. Basically, a person might be found in contempt if they disobeyed a court order. In your case, you are filing the motion because your co-parent has violated or continues to violate the child custody order.

Under Texas Government Code Section 21.002, criminal contempt of court is punishable by a maximum $500 fine or six months in county jail, or a combination of both. The potential for jail time makes it imperative to consult with a contempt of court lawyer as soon as possible.

If you seek to have someone held in contempt, the person must receive actual notice of the contempt hearing. This means that the respondent must be personally served with the Motion for Contempt containing the Show Cause Order.

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Contempt Of Court Texas Penal Code