RESPONSE TO MOTION FOR CONTEMPT / ORDER TO SHOW CAUSE

IN THE [________________] DISTRICT COURT OF [________________] COUNTY, TEXAS
[________] JUDICIAL DISTRICT

Cause No.: [________________]

[________________________________________],
Movant,

v.

[________________________________________],
Respondent.

RESPONDENT'S RESPONSE TO MOTION FOR CONTEMPT

TO THE HONORABLE JUDGE OF SAID COURT:

[________________________________________] ("Respondent"), by and through undersigned counsel, files this Response to the Motion for Contempt / Order to Show Cause filed by [________________________________________] ("Movant") on [__/__/____], and respectfully shows the Court as follows:

I. PROCEDURAL BACKGROUND

1. The underlying order at issue was signed on [__/__/____].
2. The Motion for Contempt / Order to Show Cause was filed on [__/__/____].
3. The hearing is set for [__/__/____].
4. The alleged violation is: [________________________________________]
5. Type of contempt sought: ☐ Civil (coercive) ☐ Criminal (punitive) ☐ Both

II. STATEMENT OF FACTS

[________________________________________]
[________________________________________]
[________________________________________]

III. LEGAL STANDARD

To establish contempt, the Movant must prove:

(a) A valid court order existed;
(b) Respondent had knowledge of the order;
(c) Respondent had the ability to comply;
(d) Respondent willfully violated the order.

Ex parte Chambers, 898 S.W.2d 257, 259 (Tex. 1995). For criminal contempt, these elements must be proven beyond a reasonable doubt. Ex parte Gorena, 595 S.W.2d 841 (Tex. 1979).

IV. DEFENSES

A. Inability to Comply

☐ Respondent lacked the present ability to comply with the order.

[________________________________________]

Authority: Ex parte Preston, 162 Tex. 379, 347 S.W.2d 938 (1961) — inability to comply is an affirmative defense to contempt.

B. Ambiguity of the Order

☐ The order was not sufficiently clear and specific to support a finding of contempt.

[________________________________________]

Authority: Ex parte Slavin, 412 S.W.2d 43 (Tex. 1967) — the order must be specific enough that the person charged with contempt knows exactly what duties or obligations are imposed.

C. Lack of Proper Notice

☐ Respondent was not properly served with the motion or order to show cause.

[________________________________________]

D. Good Faith / Substantial Compliance

☐ Respondent made good faith efforts to comply with the order.

[________________________________________]

E. Due Process Violations

☐ The proceedings violate Respondent's due process rights:
☐ Inadequate notice of specific allegations
☐ Denial of right to counsel
☐ Denial of right to jury trial (if criminal contempt with jail sought)
☐ Other: [________________________________________]

F. Other Defenses

☐ Changed circumstances making compliance impossible
☐ Movant's unclean hands
☐ Waiver / estoppel
☐ Other: [________________________________________]

V. PRAYER

WHEREFORE, Respondent respectfully requests this Court:

(a) Find Respondent NOT in contempt;
(b) Dismiss the Motion for Contempt;
(c) Award Respondent attorney's fees and costs;
(d) Grant such other relief as the Court deems just.

Respectfully submitted,

Signature: ________________________________________
Printed Name: [________________________________________]
State Bar No.: [________________]
Firm: [________________________________________]
Address: [________________________________________]
Phone: [________________]
Email: [________________]

Attorney for Respondent

VERIFICATION

State of Texas
County of [________________]

Before me, the undersigned authority, on this day personally appeared [________________________________________], who on oath stated that the facts in the foregoing Response are true and correct.

Signature: ________________________________________
Date: [__/__/____]

Notary: ________________________________________
Commission Expires: [__/__/____]

CERTIFICATE OF SERVICE

I certify that a true copy of this Response was served on [__/__/____] by:

Signature: ________________________________________
Date: [__/__/____]

This template is provided for informational purposes only. Contempt proceedings may result in incarceration and fines. Consult a licensed Texas attorney immediately.