When must you be released from Jail for Violating a Court Order- Specificity of Motion to Enforce

Published by Ben Beveridge | February 11, 2024 | Firm News

Statutory Requirements: The pleading requirements for a motion to enforce are set out in section 157.002 of the Family Code. This provision requires such a motion to include the amount owed, the amount paid, and the amount of arrearages. Tex. Fam.Code § 157.002(b)(1). If contempt is requested, the motion must also include “the portion of […]

When must you be released from Jail for Violating a Court Order- Specificity of Contempt Judgment

Published by Ben Beveridge | February 11, 2024 | Firm News

Due process requires that a suitable judgment of contempt is necessary in order to imprison a person for contempt of court. “Ex parte Puckitt, 159 Tex. 438, 322 S.W.2d 597 (1959). A judgment of contempt is a court order finding the confined person in contempt for violating the court’s order. One purpose of a contempt […]

When must you be released from Jail for Violating a Court Order- Specificity of Underlying Order

Published by Ben Beveridge | February 11, 2024 | Firm News

A contempt order may not be based on an ambiguous order (Ex parte Price, 741 S.W.2d 366, 367-368 (Tex.1987); In re Ragland, 973 S.W.2d 769, 771 (Tex. App.-Tyler 1998, orig. proceeding)). When a trial court punishes a party for disobedience of a written order, the order itself must be definite and certain (Ex parte Slavin, […]

When must you be released from Jail for Violating a Court Order- Untimely Revocation Hearing

Published by Ben Beveridge | February 11, 2024 | Firm News

Sometimes a court finds that a person is in contempt of Court, sentences that person to jail but then suspends the sentence. TEx. FAM.CODE ANN. § 157.165 (Vernon 2002). Essentially putting the person on probation for so long as that person does certain actions or does not do certain actions. If a person, for example, […]

When must you be released from Jail for Violating a Court Order- No Judgment of Contempt

Published by Ben Beveridge | February 11, 2024 | Firm News

Due process requires that a suitable judgment of contempt is necessary in order to imprison a person for contempt of court. “Ex parte Puckitt, 159 Tex. 438, 322 S.W.2d 597 (1959); Ex parte Hawkins, 545 S.W.2d 599 (Tex.Civ.App. Texarkana 1977). See generally Lowe, Contempt, 6 Texas Practice, § 581 at 431 (2d ed. 1973).” Ex […]

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