If you have ever been involved in a family law caseawcase in Texas, it is likely that you either settled your case or ended your case in a trial before a judge. Show
The result of either of those situations is that a Final Order of some sort was signed off on by you, the opposing party, and the judge. That order now stands as the ground rules for governing the relationship between you and your child, whether you like it or not. In some instances, people don’t like what the order says in many regards and decide that not abiding by its terms will be an alright thing to do. If you find yourself in a situation where your ex-spouse or child’s other parent has violated the court’s order, then you can hold them responsible, potentially, for their actions. I say potentially because, as I often remind clients, you cannot simply contact the police or constable and inform them of a violation of your order. You must file what is known as an Enforcement in the same court that issued your prior order and present evidence as to the specifics of each violation. Today’s blog post will discuss this process in some detail. Potential remedies under a family law Enforcement suit. Enforcement actions have many different parts that encompass Texas Texas Family Law matters but criminal law and case law that appellate judges have handed down over the years. You and your attorney must be able to find the correct “blend” of these sets of laws to arrive at a remedy that is suitable for your situation. Let’s go over some of those remedies to begin our discussion. Contempt of CourtHaving a court determine that your opposing party is in contempt of court is a grave matter. Our state law defines contempt of court as the failure of a person to obey an order of the court, disrespectful actions towards a judge, or disruption of courtroom proceedings through negative behavior. There are dual penalties that a judge in Texas may assess against a person for being found in contempt of court. The first is a civil fine often assessed against every violation the court determines is applicable. An even more severe remedy available is jail time for violations of a court’s order. This is a criminal penalty that is made available even in a civil case like enforcement. The maximum time a person can serve in prison for violation of a court’s order is 180 days. $500 per violation may be doled out by a judge as a penalty. Beyond the types of contempt of court penalties that can be handed down by a judge, there are two types of hate. Direct Contempt The first is called direct contempt. This type of contempt is the sort that involves lousy behavior in front of the judge. Acting disrespectfully towards the judge or other courtroom personnel can result in fines or jail time for the offender. Constructive Contempt On the other hand, constructive contempt is the type that occurred at some previous time and must be proved by you and your attorney. Enforcement hearings are held to allow you to present your evidence to prove violations of the order that occurred in the past. A motion to enforce: What it means and how to begin the processTo understand an enforcement suit, it is critical to understand just why a court’s order must be followed in the first place. The fact of the matter is that while you and your child’s other parent probably agree that you both want what is best for your child, neither of you can decide on how to go about arriving at “what is best.” You’ve already gone to court because you couldn’t agree and now have a court order that plays a tie-breaker for you two. That order contains the specific rules of engagement for you two to follow. The order’s language must be precise and clear for a court to enforce it potentially. Assuming that your order is, then there is the potential for an enforcement action should you or your child’s other parent violate that order. Just as the order itself must be clear and concise, so must your motion for enforcement. The action must include the specific provisions that were violated and the relief you are requesting from the court. You can attempt to enforce issues related to custody, possession, conservatorship, visitation, child support, spousal support, or property division, among others. The penalties you are seeking must be requested correctly. For example, I noted earlier that a person could only be made to serve up to 180 days in jail for violations of a court’s order. If you ask for more than 180 days a penalty, the opposing party can request a trial by jury and even have an attorney appointed to represent them. This follows the law from the United States Constitution. A real-world example of this can be seen in an enforcement case that I defended last year. The opposing party made a mistake in her motion and asked the court to assess far more than 180 days of jail time as a penalty for violating the court’s order. With that said, I made sure to file a motion with the court to request a jury trial based on this mistake. Strategically I wanted to either:
The opposing party chose to pass on the criminal penalties available to her, so our client could avoid jail time without having even presented any evidence. That’s already a “win” in my book. Part two of our discussion on enforcement actions is to be posted tomorrowPlease come back to the Law Office of Bryan Fagan, PLLC, tomorrow to read part two of our series of blog posts on Enforcement suits in Texas family law. If you have any questions on this subject, please feel free to contact the Law Office of Bryan Fagan, PLLC, today. A free-of-charge consultation where your questions can be answered is only a phone call away. Ebook Other Articles you may be interested in:
Law Office of Bryan Fagan, PLLC | Tomball, Texas Divorce LawyersThe Law Office of Bryan Fagan, PLLC, routinely handles matters that affect children and families. If you have questions regarding divorce, it's essential to speak with one of our Tomball, TX Divorce Lawyers right away to protect your rights. Our divorce lawyers in Tomball, TX, are skilled at listening to your goals during this trying process and developing a strategy to meet those goals. Contact the Law Office of Bryan Fagan, PLLC by calling (281) 810-9760 or submit your contact information in our online form. The Law Office of Bryan Fagan, PLLC, handles Divorce cases in Tomball, Texas, Cypress, Klein, Humble, Kingwood, Tomball, The Woodlands, Houston, the FM 1960 area, or surrounding areas, including Harris County, Montgomery County, Liberty County, Chambers County, Galveston County, Brazoria County, Fort Bend County, and Waller County. What is a motion for enforcement in Texas?MOTION FOR ENFORCEMENT. (a) A motion for enforcement as provided in this chapter may be filed to enforce any provision of a temporary or final order rendered in a suit. (b) The court may enforce by contempt any provision of a temporary or final order.
What happens when you are in contempt of court in Texas?(c) The punishment for contempt of a justice court or municipal court is a fine of not more than $100 or confinement in the county or city jail for not more than three days, or both such a fine and confinement in jail.
What happens when you are in contempt of court for child visitation in Texas?According to the Texas Family Code, a finding of contempt “may be punished by confinement in jail for up to six months.” This punishment is specifically cited for failure to obey a court order for child support or visitation. The more severe or frequent the violation, the more jail time that a person could face.
How do you hold someone in contempt of court in Texas?A written order is required before a person may be confined for contempt, direct or constructive. 33 If the contempt is civil, then the order must clearly lay out what is required to purge himself of contempt. But the court may order the person detained for a reasonable time while the written order is prepared.
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Motion to enforce vs motion for contempt texas
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