Legal FAQs
What is contempt of court?
When a person refuses to follow a court order or violates court rules, the court can punish the offender for contempt.
If a judge finds someone in contempt, they can impose a fine, jail time, or both. This law is in Section 21.002 of the Texas Government Code. Additional rules have been created through case law, or prior court decisions.
Contempt is used to protect the court’s dignity and the administration of justice. It punishes behavior that is disrespectful, obstructive, uncooperative, or purposefully disobedient.
Examples of Contempt
Examples of contemptuous behavior may include:
- intentionally disobeying a court order
- insulting the judge or lawyers
- filing false statements to delay the trial
- refusing to testify as a witness
Failing to follow the rules because of an illness, accident, or another hardship typically doesn’t count as contempt.
Civil vs. Criminal Contempt
Civil contempt is used to make someone follow the court’s orders. For example, the court may put a person in jail until they agree to do what the court had ordered.
Criminal contempt discourages misconduct by punishing past behavior. For example, the court may fine someone for yelling at the judge.
Contempt Process
If a judge sees contemptuous behavior in the courtroom, they can immediately find the offender in contempt.
In other cases, someone must file a motion or a complaint. The court will then hold a contempt hearing. The accused must receive proper notice in advance of the hearing.
Child Custody & Support
Contempt is sometimes used to enforce child custody and support orders, known as SAPCR cases. As part of enforcement proceedings, a parent may ask the judge to use contempt.
For information and forms, see How to Enforce a Visitation Order by TexasLawHelp.org. Free legal assistance may be available from Texas Access.
Child support orders can be enforced through the Texas Attorney General’s Child Support Division. That may be a good option for parents who don’t want to file their own lawsuit.
Additional Resources
The library’s Texas Practice Guides collection has a number of titles that discuss contempt of court, including sample forms.
Books
- Dorsaneo’s Texas Litigation Guide (Chapter 133, "Contempt")
- Texas Jurisprudence Pleading & Practice Forms (Chapter 69, "Contempt")
- O’Connor’s Texas Family Law Forms (Chapters 16-18)
E-Books
- Texas Criminal Practice Guide (Chapter 135, "Criminal Contempt")
- Texas Family Law Practice & Procedure (Objectives H-N)
Related Guides
Last updated October 22, 2025
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Note The library cannot tell you what the law means for your situation.
