Texas Contempt Response / Defense
RESPONSE TO MOTION FOR CONTEMPT / ORDER TO SHOW CAUSE
IN THE [________________] DISTRICT COURT OF [________________] COUNTY, TEXAS
[________] JUDICIAL DISTRICT
Cause No.: [________________]
| Party | Role |
|---|---|
| [________________________________________] | 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
- The underlying order at issue was signed on [__/__/____].
- The Motion for Contempt / Order to Show Cause was filed on [__/__/____].
- The hearing is set for [__/__/____].
- The alleged violation is: [________________________________________]
- Type of contempt sought: ☐ Civil (coercive) ☐ Criminal (punitive) ☐ Both
II. STATEMENT OF FACTS
[________________________________________]
[________________________________________]
[________________________________________]
III. LEGAL STANDARD
For criminal contempt based on disobedience of a court order, the movant must prove beyond a reasonable doubt (1) a reasonably specific order, (2) a violation of the order, and (3) willful intent to violate the order. Ex parte Chambers, 898 S.W.2d 257, 259 (Tex. 1995), quoted in In re Shelley Luther, No. 20-0363 (Tex. Apr. 9, 2021). Identify the type of contempt and the order's specific command before applying this standard.
In a Family Code Chapter 157 enforcement proceeding, an applicable affirmative defense is raised and proved by the respondent by a preponderance of the evidence. Tex. Fam. Code § 157.006(a)–(b). Inability to pay child support is a particular affirmative defense with the elements stated in § 157.008(c); it is not an element that the movant must prove in every contempt case.
IV. DEFENSES
A. Inability to Comply
☐ This is a child-support enforcement proceeding, and Respondent pleads the inability-to-pay defense under Tex. Fam. Code § 157.008(c): Respondent lacked the ability to provide the ordered support, lacked property that could be sold, mortgaged, or pledged to raise the funds, unsuccessfully attempted to borrow the funds, and knew of no source from which the funds could be borrowed or legally obtained.
[________________________________________]
Evidence supporting each pleaded element: [________________________________________]
B. Ambiguity of the Order
☐ The order was not sufficiently clear and specific to support a finding of contempt.
[________________________________________]
Identify the command alleged to be unclear: [________________________________________]
C. Lack of Proper Notice
☐ Respondent was not properly served with the motion or order to show cause.
[________________________________________]
D. Due Process and Notice
☐ The proceedings violate Respondent's due process rights:
☐ Inadequate notice of specific allegations
☐ Denial of right to counsel
☐ Other: [________________________________________]
E. Other Defenses
☐ Other supported defense: [STATE FACTS AND AUTHORITY]
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, if an identified statute, rule, or order authorizes that relief: [AUTHORITY];
(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:
| Counsel | Method | Address |
|---|---|---|
| [________________________________________] | ☐ E-service ☐ Mail ☐ Hand delivery | [________________________________________] |
Signature: ________________________________________
Date: [__/__/____]
This template is provided for informational purposes only. Contempt proceedings may result in incarceration and fines. Consult a licensed Texas attorney immediately.
About this template
- Last updated
- October 5, 2026
- Last reviewed
- October 5, 2026
- Jurisdiction
- Texas
- Category
- Litigation & Court Documents
These are the filings that drive a lawsuit through the system: complaints, answers, motions, briefs, discovery requests and responses, and post-judgment papers. Each has its own format requirements under federal and state procedural rules, and each has a deadline that cannot be missed without consequences. Clean, procedurally correct filings move a case forward; sloppy ones invite motions to strike, amended responses, and avoidable delays.
Not legal advice
This template is provided for informational purposes. We recommend having an attorney review any legal document before signing, especially for high-value or complex matters.
Checked against the law it cites
A reviewer verified this template's legal citations against the official source on October 5, 2026.
Tex. Gov't Code § 21.002(b), (e), (f), (h) (checked October 5, 2026): "The punishment for contempt of a court other than a justice court or municipal court is a fine of not more than $500 or confinement in the county jail for not more than six months, or both such a fine and confinement in jail. Except as provided by Subsection (h), this section does not affect a court's power to confine a contemner to compel the contemner to obey a court order. Article 42.033, Code of Criminal Procedure, and Chapter 157, Family Code, apply when a person is punished by confinement for contempt of court for disobedience of a court order to make periodic payments for the support of a child. Subsection (h) does not apply to that person. Notwithstanding any other law, a person may not be confined for contempt of court longer than: (1) 18 months, including three or more periods of confinement for contempt arising out of the same matter that equal a cumulative total of 18 months, if the confinement is for criminal contempt; or (2) the lesser of 18 months or the period from the date of confinement to the date the person complies with the court order that was the basis of the finding of contempt, if the confinement is for civil contempt."
Tex. Fam. Code §§ 157.001–157.002 and 157.006–157.008 (checked October 5, 2026): "A motion for enforcement must, in ordinary and concise language: (1) identify the provision of the order allegedly violated and sought to be enforced; (2) state the manner of the respondent's alleged noncompliance; (3) state the relief requested by the movant; and (4) contain the signature of the movant or the movant's attorney. The respondent must prove the affirmative defense by a preponderance of the evidence."
Tex. Fam. Code §§ 157.061–157.066 (checked October 5, 2026): "If a respondent specially excepts to the motion for enforcement or moves to strike, the court shall rule on the exception or the motion to strike before it hears the motion for enforcement. If an exception is sustained, the court shall give the movant an opportunity to replead and continue the hearing to a designated date and time without the requirement of additional service."
Tex. Fam. Code §§ 157.161–157.163 and 157.166–157.167 (checked October 5, 2026): "If the court determines that incarceration is a possible result of the proceedings, the court shall inform a respondent not represented by an attorney of the right to be represented by an attorney and, if the respondent is indigent, of the right to the appointment of an attorney. If the order imposes incarceration or a fine for criminal contempt, an enforcement order must contain findings identifying, setting out, or incorporating by reference the provisions of the order for which enforcement was requested and the date of each occasion when the respondent's failure to comply with the order was found to constitute criminal contempt. If the enforcement order imposes incarceration for civil contempt, the order must state the specific conditions on which the respondent may be released from confinement."
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