ENFORCEMENT

A court has the inherent power to enforce orders by contempt of court. Contempt is a civil matter but is criminal in nature because it imposes a fine or place in jail an individual who has intentionally disobeyed a courts order.

Because of the criminal nature of contempt of court, many of the rights of those who violated the courts order are similar to those held on criminal charges.

A person cannot be found guilty of contempt of court because of a failure to pay a general debt such as a credit card bill or a house payment. However a person can be found in contempt of court for nonpayment of court ordered child support, court ordered spousal support, or court ordered payment of a debt from an existing fund or source.

The requirements for Contempt of Court are the following:

1. The original order must be rendered by a court with jurisdiction.
2. The original order must specifically have language ordering the respondent to do or refrain from doing an act.
3. The original order must be written and signed by the judge prior to the time of the violation of the order.
4. The original order must be specific and unambiguous stating what exactly is require or prohibited.
5. Generally the contempt must be filed with the court that entered the original order unless the case has been transferred to another court.
6. The contempt motion must specifically state the written order that has been violated.
7. The respondent must be personally served with the motion for contempt and ordered to appear at the hearing.
8. If the respondent may be incarcerated, the respondent has a right to a court appointed attorney if he is indigent.
9. The testimony must conform to the pleadings.
10. The contempt order must include specific findings of violations of the original order.

Marriage

Children

Managing Conservatorship

Property

Divorce

Mediation

Filing for Divorce

Jurisdiction

Enforcement

Wills & Estate Planning