Published by Ben Beveridge | February 11, 2024 | Firm News
For a court to order the release of someone confined for violating an order, the trial court’s order of commitment must be void, either because it was beyond the power of the court or because it deprived the relator of his liberty without due process of law. See Ex parte Gordon, 584 S.W.2d 686 (Tex.1979).
To meet legal standards, there must be a written order to jail someone for civil contempt of court, according to Ex parte Puckitt, 322 S.W.2d 597 (1959). Even if there’s a written contempt order, a separate written jail order must be given to the officer, as established in cases like Ex parte Hardin, 344 S.W.2d 152 (1961) and others. This jail order doesn’t have a specific required format. It can be a certified copy of the court’s judgment or a separate order signed by the judge or court clerk.
The court can temporarily hold a person in jail while waiting for the official jail order to be signed, as explained in Ex parte Barnett, 600 S.W.2d 252 (Tex. 1980).
Legally, a written jail order is a must before someone can be imprisoned for contempt, detailed in Ex parte Hardin and others. The format of this order isn’t strictly defined by law, as discussed in Ex parte Arapis, 306 S.W.2d 884 (1957). It might be the court’s judgment itself or a separate document signed by the judge or court clerk.
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