CONTEMPT TERMINOLOGY: civil contempt of court | criminal contempt | enforcement | motion to enforce by contempt | coercion | compulsion | purge of contempt | direct contempt | constructive contempt | violation of court order | sanctionable conduct | sanctions law | confinement | commitment | capias for arrest | due process | notice | writ of habeas corpus | petition for habeas corpus relief | CONTEMPT CASE LAW FROM HOUSTON COURTS OF APPEALS Contempt Order Based on Violation of SAPCR Order Found Partially Void Ex Parte Davis (Tex.App.- Houston [14th Dist.] Jan. 6, 2010) (habeas corpus petition denied) (SAPCR contempt order based on medical care provisions in SAPCR order found void in part) MOTION OR WRIT DENIED: Per Curiam Before Justices Yates, Frost, and Brown. 14-09-00943-CV Ex Parte Stephanie Davis Appeal from 245th District Court of Harris County Trial Court Judge: Judge Annette Kuntz No credit allowed for child support arrearage accrued while parent was in jail In Interest of ADS, Jr. (Tex.App.- Houston [14th Dist.] Sep. 22, 2009)(Seymore) (Attorney General child support enforcement; no credit against judgment on arrears for time obligor was imprisoned, contempt order for failure to pay child support not challenged) AFFIRMED AS MODIFIED: Opinion by Justice Seymore Before Justices Brock Yates, Seymore and Brown 14-08-00147-CV In the Interest of A.D.S, Jr. Appeal from County Court at Law No 2 of Galveston County Trial Court Judge: Mary Nell Crapitto Family Court Judge orders mother to jail for nonpayment of child support. Court of Appeals keeps here there, but issues long opinion with detailed analysis of habeas corpus issues in the case: In Re Coffer (Tex.App.- Houston [1st Dist.] Aug. 4, 2009)(Sharp) (habeas corpus, mother held in contempt for nonpayment of child support) DENY PETITION FOR WRIT OF HABEAS CORPUS: Opinion by Justice Sharp Before Justice Sharp 01-08-00666-CV In re Alicia M. Coffer Appeal from 312th District Court of Harris County Trial court judge: David Farr | Robert Hinojosa In Re Corder (Tex.App.- Houston [1st Dist.] Jun. 5, 2009)(Taft) (child support contempt, civil coercive contempt, criminal contempt, habeas corpus petition premature) DENY PETITION FOR WRIT OF MANDAMUS: Opinion by Justice Tim Taft Before Justices Taft, Bland and Sharp 01-09-00386-CV In re Dale Corder Appeal from 245th District Court of Harris County Trial Court Judge: Hon. Annette Kuntz Contempt Order Void - Violated Bankruptcy Stay: In Re Small, NO. 14-08-01075-CV (Tex.App.- Houston [14th Dist.] May 7, 2009)(Anderson) (civil contempt is void in violation of the bankruptcy stay) Habeas Corpus Petition In Child Support Civil and Criminal Contempt Case Denied In re Corder (Tex.App.- Houston [1st Dist.] Apr. 10, 2009)(Taft) (child support contempt punitive contempt, civil contempt, inability to pay defense, habeas corpus premature) DENY PETITION FOR WRIT OF HABEAS CORPUS: Opinion by Justice Taft Before Justices Taft, Bland and Sharp 01-09-00004-CV In re Dale Corder Appeal from 245th District Court of Harris County Trial Court Judge: Hon. Annette Kuntz Court of Appeals follows up with opinions several years after petitioner's release In re Glassman (Tex.App.- Houston [1st Dist.] Apr. 2, 2009)(per curiam) (contempt order habeas corpus mooted by release) DISMISS PETITION FOR WRIT OF MANDAMUS: Per Curiam 01-05-00698-CV IN RE ELENE B. GLASSMAN Appeal from Probate Court No 1 of Harris County Attorney's Fees in SAPCR divorce improperly characterized as additional child support McCloskey v. McCloskey (Tex.App.- Houston [14th Dist.] Arp. 2, 2009)(Substituted opinion by Hedges) (SAPCR divorce attorneys fees cannot be ordered as additional child support enforceable by contempt) AFFIRMED AS MODIFIED: Opinion by Chief Justice Hedges Before Price, Chief Justice Hedges, Justice Boyce 14-06-00470-CV Christopher Joseph McCloskey v. Anne Miriam McCloskey Appeal from 387th District Court of Fort Bend County Trial Court Judge: Robert J. Kern Capias Order for arrest of parent found void on appeal - habeas corpus petition granted In re Stephanie Ann Bourg (Tex.App.- Houston [1st Dist.] Aug. 12, 2008)(Jennings) (judge exceeded her authority, capias order declared void in its entirety, habeas corpus relief granted) GRANT PETITION FOR WRIT OF HABEAS CORPUS: Opinion by Justice Jennings Before Chief Justice Radack, Justices Jennings and Bland 01-08-00618-CV In re Stephanie Ann Bourg Appeal from 245th District Court of Harris County Trial Court Judge: Hon. Annette Kuntz ("Her contempt sentence has expired and [...] the trial court has no authority to impose any additional contempt sentences against Bourg based upon her erroneous release.") Habeas Corpus Petition denied In Re Radmacher (Tex.App.- Houston [14th Dist.] May 23, 2008)(per curiam) (child support criminal contempt, habeas corpus denied) MOTION OR WRIT DENIED: Per Curiam Before Justices Brock Yates, Anderson and Brown 14-08-00346-CV In Re Joseph Michael Radmacher Appeal from 312th District Court of Harris County Trial Court Judge: James D. Squier Relator contends that the contempt order issued against him is void, and that he was not afforded due process of law. Because relator has not sustained his burden of demonstrating his entitlement to relief, we deny the petition. Court of Appeals grants habeas corpus petition in case of man sent to jail for life on contempt for failure to pay child support In Re Israel Dominguez, Sr. (Tex.App.- Houston [14th Dist.] May 5, 2008) (Hedges) (child support contempt, commitment void, habeas corpus relief granted) MOTION OR WRIT GRANTED: Opinion by Chief Justice Hedges Before Chief Justice Hedges, Justices Seymore and Brown 14-08-00206-CV In Re Israel Dominguez, Sr. Appeal from 247th District Court of Harris County Trial Court Judge: Hon. Bonnie Crane Hellums It is well settled that a person may not be imprisoned for contempt without a written order of commitment. Ex parte Amaya, 748 S.W.2d 224, 224 (Tex. 1988) (orig. proceeding) (per curiam). To satisfy due process requirements, both a written judgment of contempt and a written commitment order are necessary to imprison a person for civil constructive contempt of court. Id. at 224-25. The trial court may cause a contemnor to be detained by the sheriff or other officer for a short and reasonable time while the judgment of contempt and the order of commitment are being prepared for the judge's signature. Id. at 225. Less than 24 hours to prepare commitment order is a short and reasonable time. In re Butler, 45 S.W.3d 268, 271 (Tex. App.- Houston [1st Dist.] 2001, orig. proceeding). However, a two or three-day delay is not a short and reasonable time to detain a person while documents are being prepared for the judge's signature. Amaya, 748 S.W.2d at 225; see also Ex parte Jordan, 865 S.W.2d 459 (Tex. 1993) (per curiam) (following Amaya and holding void oral commitment order pronounced on Friday and written commitment order signed following Monday). Because Hellums did not sign a written commitment order until two or three days after orally pronouncing relator in contempt, we hold that the March 7, 2008 contempt and commitment order is void and sustain relator's second issue. Accordingly, we grant relator's petition for writ of habeas corpus, order relator released from the bond set by this court on March 21, 2008, and order relator discharged from custody. Court of appeals denies relief against order to show cause why litigant and his attorney should not be held in contempt In re Tanner (Tex.App.- Houston [1st Dist.] Nov. 9, 2007)(per curiam)(show-cause order for contempt) DENY PETITION FOR WRIT OF MANDAMUS: Per Curiam Before Justices Taft, Hanks and Higley 01-07-00969-CV In re Stephen E. Tanner and William Apt Appeal from 127th District Court of Harris County (Hon. Sharolyn P. Wood) First Court of Appeals frees mother held in contempt for visitation denial by Houston family court judge Houston appeals court holds that family court judge exceeded her authority in switching custody to the father sua sponte and until further order of the court, grants habeas corpus relief to order mother released from confinement In re Kristin Parks, No. 01-07-00469-CV (Tex.App.- Houston [1st Dist.] Aug. 14, 2007)(Opinion by Justice Bland )(habeas corpus relief granted in family court contempt case) Before Justices Taft, Hanks and Bland Appeal from 308th District Court of Harris County (Hon. Georgia Dempster) In re Louis Charles Munks (Tex.App.- Houston [1st Dist] Jun. 28, 2007)(Higley) (mandamus)(child support contempt) GRANT PETITION FOR WRIT OF MANDAMUS: Opinion by Justice Higley Before Chief Justice Radack, Justices Keyes and Higley 01-07-00094-CV In re Louis Charles Munks, Jr. Appeal from 247th District Court of Harris County (Trial court judge: Hon. Bonnie Hellums) In Re Brownhill (Tex.App.- Houston [14th Dist.] Jun. 7, 2007)(Edelman)(child support contempt) (child support enforcement, contempt order void, due process denied, ability-to-pay defense) MOTION OR WRIT GRANTED: Opinion by Justice Edelman Before Justices Brock Yates, Edelman and Seymore 14-07-00346-CV In Re: James Steven Brownhill |
| Contempt Cases from the Houston Courts of Appeals Houston Opinions |
| In re Coppock, No. 08-0093 (Tex. 2009) (O'Neill)(contempt in divorce case overturned by habeas corpus) The Court grants the petition for writ of habeas corpus and sets aside the order of contempt. Justice O'Neill delivered the opinion. To be enforceable by contempt, an order must set out the terms of compliance in clear and unambiguous terms. Ex parte Brister, 801 S.W.2d 833, 834 (Tex. 1990) (orig. proceeding). Moreover, a person cannot be sentenced to confinement unless the order unequivocally commands that person to perform a duty or obligation. Ex parte Padron, 565 S.W.2d 921, 921 (Tex. 1978) (orig. proceeding). Obligations that are merely contractual cannot be enforced by contempt. See Tex. Const. art. I, § 18 (“No person shall ever be imprisoned for debt.”); Texas Supreme court issues supplemental opinion in child support contempt case Dec. 19, 2008. In Re Zandi (Tex. 2008) (suppl. op. on rehearing) Supreme Court grants habeas corpus relief on due process grounds; father not given proper notice of charges and opportunity to defend against them, and to assert offset and reimbursement claims based on children living with him. In Re Zandi, No. 070919 (Tex. May 30, 2008)(per curiam) (child support contempt, habeas corpus granted) Payment of Contractual Alimony May Not Be Enforced by Putting Debtor in Jail In Re Alvin Green, No. 06-0496 (Tex. Apr. 20, 2007)(per curiam)(contractual alimony not enforceable by contempt, habeas granted) Alvin Green argues he cannot be imprisoned for nonpayment of a contractual alimony obligation incorporated into his divorce decree. We agree that a court order to pay spousal support is unenforceable by contempt if the order merely restates a private debt rather than a legal duty imposed by Texas law. Because the district court’s decree was not “spousal maintenance” ordered under the Family Code but rather was issued solely on the basis of the parties’ private alimony contract, we grant Alvin’s writ of habeas corpus and order him discharged. |
