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Texas Child Protection Law Bench Book
2023 version: As effective November 1, 2023
E. Civil / Coercive
Civil contempt, more accurately known as coercive contempt, has the purpose of securing compliance with a court order. To be enforceable by coercive contempt the order must be clear and unambiguous.[36] Due process standards apply in indirect contempt proceedings to assure that the contemnor is offered adequate safeguards. Due process for civil or coercive contempt requires:
• Full and complete notice of the conduct with which the contemnor is charged;[37]
• Adequate notice of the court order alleged to have been violated;[38]
• Ample time to prepare and respond to the allegation;[39]
• Reasonable notice of the time and date of the contempt hearing;[40]
• The right to appointed counsel if the alleged contemnor is indigent; [41]
• The right to a jury trial if the potential punishment exceeds 6 months in jail;[42]
• The right to be advised by the court of the right to a jury if punishment could exceed 6 months in jail; [43] and
• The ability to comply with the court order.[44]