Family court orders are legally binding decisions. They protect rights and can establish responsibilities for parents, former spouses, and children. When someone willfully disobeys a family court order, they may be found in contempt of court. Contempt can lead to fines, loss of privileges, and jail time, depending on its severity.
Contempt proceedings help ensure compliance with court orders. They can also be complex and stressful for everyone involved. Understanding the reasons and penalties for contempt of family court can help you avoid negative consequences.
What Is Contempt of Court in Family Court?
Contempt occurs when a person disobeys a court order related to divorce, child custody, visitation, child support, or spousal maintenance.
Contempt is meant to uphold the authority of the court and ensure that parties follow its rulings. A person found in contempt may face fines, enforcement actions, or jail time. However, not every failure to comply qualifies as contempt. Courts typically require clear evidence that the non-compliance was intentional.
Indirect vs. Direct Contempt
There are two types of family court contempt: direct and indirect. Direct contempt happens in the presence of the judge. It may include disrespectful behavior, disrupting proceedings, or refusing to comply with a judge’s instructions.
Indirect contempt is also known as constructive contempt. This occurs outside the court’s immediate presence. Indirect contempt typically involves failing to follow a previously issued court order, such as refusing to pay child support. Because the violation happens outside the courtroom, the court relies on evidence and testimony to determine whether contempt has occurred.
A common example of indirect contempt in family law is a parent who repeatedly withholds court-ordered visitation from the other parent. If the affected parent files a motion for contempt, the court will review the evidence to decide whether to issue penalties.
Civil vs. Criminal Contempt
Contempt can also be civil or criminal. Civil contempt is a way to enforce a court order and request compensation for the other party’s non-compliance. Criminal contempt occurs when a person willfully disobeys a court order and can incur punishments like jail time.
Common Court Order Violations
Some of the most common violations in Texas family law cases include:
- Violating child custody agreements: Denying visitation, failing to return a child on time, or relocating without court approval.
- Failure to pay child support: Missing or refusing to make court-ordered payments.
- Ignoring spousal support obligations: Failing to pay court-ordered spousal maintenance.
- Violating restraining or protective orders: Contacting, harassing, or approaching someone despite a legally binding order.
Punishment for Contempt of Court in Family Court
Texas courts have several enforcement mechanisms for those who fail to comply with court orders:
- Fines: Courts may impose fines, either as a standalone punishment or in addition to other penalties.
- Wage garnishment or asset seizure: In cases involving unpaid child or spousal support, the court may order wage garnishment or seize assets to cover payments. These assets may include tax refunds, bank accounts, or property.
- State license suspension: Texas law allows suspension of various licenses. This includes driver’s licenses, professional licenses (such as law, healthcare, and real estate licenses), and even hunting or fishing licenses.
- Jail time: Under Texas law, a person found in contempt can face up to six months in jail for each offense. For civil contempt (such as failing to pay support), the court may allow release upon compliance with the order.
Defenses Against Contempt Charges
There are several potential defenses against contempt charges. One common defense is the inability to comply with the order. In other words, the person is unable to meet the terms of the order due to circumstances beyond their control. This includes financial hardship, illness, and other significant factors that make compliance impossible. In these cases, the court may consider whether the failure to comply was willful or if the person genuinely could not fulfill the order.
Another possible defense is a lack of proper notice. If someone didn’t receive adequate notice or was not properly served with the order, they may be unaware of its terms.
Finally, there may be mistakes or misunderstandings about the order’s terms. If a person can show that they misunderstood the order or made a good-faith error, this may be a defense. However, they must show that the misunderstanding was reasonable under the circumstances.
Talk to a Texas Family Law Attorney Today
If you’ve been charged with contempt, talk to an experienced family law attorney from Adams Law Firm today. Call us at (281) 391-9237 for a consultation.
