Texas Contempt Response / Defense

DO NOT FILE THIS PACKET AS-IS. If incarceration is possible, obtain Texas counsel immediately. In a Family Code Chapter 157 proceeding, section 157.163 supplies a specific right-to-counsel and appointed-counsel process when incarceration is a possible result. Do not miss the hearing: nonappearance can lead to default relief and a capias even where contempt is not entered in the respondent's absence.

TEXAS RESPONSE TO MOTION FOR CONTEMPT / ORDER TO SHOW CAUSE

1. Scope and Urgency Control Sheet

A. Select One Governing Track

☐ Track A — Family Code Chapter 157. The motion seeks enforcement of a temporary or final order rendered in a suit affecting the parent-child relationship.

☐ Track B — Rule 692 injunction contempt. The motion alleges direct or indirect disobedience of a Texas injunction.

☐ Track C — Other contempt matter. Stop. This packet supplies no generic procedure or stock defenses for discovery contempt, courtroom conduct, receivership, probate, guardianship, criminal-case contempt, justice-court contempt, municipal-court contempt, or another specialized proceeding. Contempt counsel must identify the controlling authority and replace or supplement this packet.

B. Immediate Case Information

C. Documents Counsel Must Review

☐ File-stamped motion, all attachments, and every amendment or supplement.

☐ Notice of hearing, show-cause order, attachment, capias, and return or proof of service.

☐ Complete signed order allegedly violated, including incorporated documents and later clarifying or modifying orders.

☐ Docket sheet, prior enforcement orders, payment records, and relevant reporter's records.

☐ Current local rules, standing orders, judge-specific procedures, and e-filing requirements.

2. Caption

Cause No.: [________________________________]

In the [NUMBER] Judicial District Court / [COUNTY COURT AT LAW NUMBER]

[COUNTY] County, Texas

RESPONDENT'S RESPONSE, SPECIAL EXCEPTIONS, AND REQUEST FOR RELIEF

TO THE HONORABLE JUDGE:

Respondent [NAME] files this response to [EXACT TITLE OF MOTION OR SHOW-CAUSE MATTER] and asserts only the grounds selected and completed below.

3. Nature of Proceeding and Requested Consequences

1. The motion concerns the order signed on [DATE], attached as [EXHIBIT].

2. Movant alleges the following acts or omissions:

3. Respondent understands that Movant seeks:

☐ Civil contempt intended to compel compliance through stated purge conditions.

☐ Criminal contempt intended to punish completed conduct.

☐ Both civil and criminal contempt.

☐ The motion is unclear and does not give adequate notice of the contempt classification, requested punishment, or proposed purge conditions.

4. Respondent requests that the court identify before evidence is taken whether incarceration is a possible result and whether the proceeding is civil contempt, criminal contempt, or both.

4. Preliminary Objections and Special Exceptions

Use only grounds supported by the record and current authority. A Chapter 157 special exception or motion to strike must be ruled on before the enforcement motion is heard. The movant may be allowed to replead, and section 157.064 may permit a continued setting without additional service.

A. Chapter 157 Pleading Defect

☐ This is a Chapter 157 proceeding. Respondent specially excepts because the motion does not adequately:

☐ identify the provision of the order allegedly violated and sought to be enforced;

☐ state the manner of the alleged noncompliance;

☐ state the relief requested;

☐ include the child-support amounts, dates, or payment information required by section 157.002(b);

☐ include the date, place, and applicable time of each alleged possession-or-access violation required by section 157.002(c); or

☐ satisfy another current Chapter 157 requirement identified by counsel: [________________________________].

Supporting facts and record cites:

[____________________________________________________________]

Respondent requests a ruling on this special exception or motion to strike before the enforcement merits are heard.

B. Notice or Service Defect

☐ Respondent objects that the motion, show-cause process, or hearing notice did not give full and unambiguous notice stating how, when, and by what means Respondent allegedly committed contempt.

☐ In this Chapter 157 proceeding, service did not comply with the applicable route in sections 157.062 or 157.065.

☐ Other notice or service defect established by counsel under current authority: [________________________________].

Service timeline, proof, and requested cure:

[____________________________________________________________]

C. Underlying Order Is Not Contempt-Enforceable as Written

☐ The order does not state the commanded or prohibited conduct in clear, specific, and unambiguous terms.

☐ The asserted duty depends on an inference, external conclusion, unresolved ambiguity, or material not validly incorporated into the order.

☐ The underlying order was void or had expired, been superseded, modified, stayed, or dissolved before the alleged conduct.

Exact order language, defect, and current authority:

[____________________________________________________________]

For criminal contempt based on disobedience of an order, In re Shelley Luther requires proof beyond a reasonable doubt of a reasonably specific order, a violation, and willful intent to violate the order.

5. Response to Each Alleged Violation

Respond separately to every charged act or omission. Do not rely on a blanket denial where the motion identifies multiple alleged contempt dates.

Respondent denies any allegation not expressly admitted.

6. Track A — Family Code Chapter 157 Grounds

Complete this section only for a Chapter 157 enforcement motion.

A. Statutory Affirmative-Defense Burden

Section 157.006 provides that an affirmative defense does not arise unless supporting evidence is admitted and that Respondent must prove the affirmative defense by a preponderance of the evidence.

B. Possession or Access — Voluntary Relinquishment

☐ Movant voluntarily relinquished actual possession and control of the child for the court-ordered period encompassed by the alleged interference. Tex. Fam. Code § 157.007.

Dates, facts, communications, and witnesses:

[____________________________________________________________]

C. Child Support — Voluntary Relinquishment and Actual Support

☐ Movant voluntarily relinquished actual possession and control of the child to Respondent for a period exceeding the court-ordered possession or access periods, and Respondent supplied actual support during that period. Tex. Fam. Code § 157.008(a)–(b).

Dates, support supplied, amounts, and proof:

[____________________________________________________________]

☐ Respondent requests only the reimbursement, counterclaim, or offset that counsel determines section 157.008(d)–(e) permits and the pleadings support: [________________________________].

D. Child-Support Contempt — Statutory Inability Defense

Select this defense only if admissible evidence supports all four elements in section 157.008(c).

☐ Respondent lacked the ability to provide support in the amount ordered.

☐ Respondent lacked property that could be sold, mortgaged, or otherwise pledged to raise the needed funds.

☐ Respondent attempted unsuccessfully to borrow the needed funds.

☐ Respondent knew of no source from which the money could have been borrowed or legally obtained.

Element-by-element facts and evidence:

E. Payment Record or Amount Dispute

☐ Respondent controverts the payment record or arrearage calculation under section 157.162(c-1).

F. Other Chapter 157 Ground

☐ Counsel identifies this additional ground and current authority: [________________________________].

Facts and requested ruling:

[____________________________________________________________]

Do not insert unclean hands, waiver, estoppel, good faith, substantial compliance, changed circumstances, or another generic label unless counsel identifies current authority making it a defense to the specific contempt charge.

7. Track B — Rule 692 Injunction Grounds

Complete this section only when the alleged contempt is disobedience of an injunction.

1. The injunction relied on by Movant is attached as [EXHIBIT] and states: [QUOTE THE EXACT COMMAND].

2. Rule 692 process used by Movant:

☐ Affidavit identifying the accused person and describing the alleged acts.

☐ Attachment requiring arrest and appearance.

☐ Show-cause order requiring appearance on a designated date.

☐ None or unclear: [________________________________].

3. Respondent's grounds:

☐ The injunction was not in force on the alleged date.

☐ The injunction did not clearly, specifically, and unambiguously command or prohibit the conduct alleged.

☐ Respondent did not directly or indirectly disobey the injunction.

☐ For criminal contempt, Movant cannot prove a willful intent to violate the order beyond a reasonable doubt.

☐ Other injunction-specific ground and current authority identified by counsel: [________________________________].

Facts, proof, and record cites:

[____________________________________________________________]

8. Counsel, Record, and Proposed-Order Protections

A. Counsel When Incarceration Is Possible in Track A

☐ The court should first determine whether incarceration is a possible result under section 157.163(a).

☐ Respondent is not represented and requests to be informed of the right to counsel.

☐ Respondent claims indigency, requests appointed counsel, and will file the affidavit of indigency required by section 157.163(d).

☐ Appointed counsel requests the minimum preparation time applicable under section 157.163(f) or (g), subject only to a valid signed waiver under subsection (h).

B. Record of Chapter 157 Hearing

☐ Respondent requests the record required by section 157.161 and does not waive it.

C. Required Findings and Limits

If the court grants contempt relief, Respondent requests a written order that:

1. states the provisions enforced, acts or omissions, manner of noncompliance, and relief granted as section 157.166(a) requires in a Chapter 157 proceeding;
2. for criminal contempt under Chapter 157, includes the findings required by section 157.166(b) for every contempt date;
3. for civil-contempt confinement under Chapter 157, states the specific release conditions required by section 157.166(c);
4. distinguishes punitive criminal relief from coercive civil relief;
5. applies the punishment and confinement provisions of Tex. Gov't Code § 21.002 to the selected court and contempt type; and
6. grants no relief beyond the motion, notice, admissible proof, and current authority.

For a court other than a justice or municipal court, section 21.002(b) states a maximum punitive contempt fine of $500 or confinement for not more than six months, or both. Section 21.002(e) preserves coercive confinement subject to subsection (h); subsection (h) supplies aggregate criminal- and civil-confinement limits arising from the same matter, while subsection (f) states that the subsection (h) limit does not apply to the described periodic child-support contempt.

9. Prayer

Respondent asks the court, as supported by the selected grounds and current authority, to:

1. determine whether incarceration is possible and address Respondent's right to counsel before proceeding;
2. sustain the special exceptions or motion to strike identified above and provide the procedure required by section 157.064, if Track A applies;
3. cure any notice or service defect before a contempt merits hearing;
4. deny each unsupported request for civil or criminal contempt;
5. deny punishment or coercive relief not supported by the applicable proof burden, written notice, and enforceable order;
6. make the findings and state the purge conditions required by current law for any relief granted; and
7. grant only further relief that is pleaded, noticed, proved, and authorized by current law.

Respondent does not request attorney's fees through this stock prayer. In a Chapter 157 matter, section 157.162(b) permits certain other remedies and fee relief even after a no-contempt finding, and section 157.167 governs specified fee awards against a respondent. Counsel must analyze any fee request separately.

10. Signature

Respectfully submitted,

[LAW FIRM / RESPONDENT]

By: ______________________________________

[ATTORNEY / RESPONDENT NAME]

State Bar No.: [________________________________]

Address: [________________________________]

Telephone: [________________________________]

Email: [________________________________]

Attorney for Respondent / Self-Represented Respondent

11. Certificate of Service

I certify that on [DATE], a true and correct copy of this document was served on each person entitled to service by the method authorized for this filing and recorded below.

Signature: ______________________________________

12. Evidence and Hearing Preparation Checklist

☐ Certified or authenticated copy of each relevant order and modification.

☐ File-stamped motion, notice, show-cause order, affidavit, and service proof.

☐ Chronology matching each alleged violation date to the order then in force.

☐ Payment records, bank records, receipts, credits, and calculation worksheet, if applicable.

☐ Evidence addressing every element of any section 157.007 or 157.008 defense.

☐ Communications and witnesses supporting possession, access, notice, compliance, or nonviolation facts.

☐ Proposed written order that distinguishes civil and criminal relief and contains required findings.

☐ Court reporter or other record arrangement confirmed for a Chapter 157 hearing.

☐ Local hearing, exhibit, e-filing, and proposed-order procedures confirmed.

☐ Emergency appellate or habeas counsel identified if confinement is ordered.

Sources and References

• Texas Government Code Chapter 21
• Texas Family Code Chapter 157
• Texas Rules of Civil Procedure, current compilation
• Texas Supreme Court case record, In re Shelley Luther, No. 20-0363
• In re Acceptance Insurance Co., No. 2-00-292-CV