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Zoey, JD
Zoey, JD, Lawyer
Category: Family Law
Satisfied Customers: 25906
Experience:  18 years of litigation experience.
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Arrested contempt a hearing. how can you be held without

Customer Question

arrested for civil contempt for missing a hearing. how long can you be held without bond or a hearing. has been in jail for 21 days. Judge had hearing said he would take under advisement and let parties know. that has been 10 days.
Submitted: 1 year ago.
Category: Family Law
Expert:  Zoey, JD replied 1 year ago.

Hello,

Unlike criminal contempt, which has a finite term, civil contempt is open-ended. The judge cannot hold a person in contempt without a hearing, as that would be a due process violation. It appears, however, that the hearing was held ten days ago and the defendant is awaiting the judge's decision.

According to Texas 21.001(h)(2) of the government Code, however, 18 months is the absolute maximum limit that one can be held in on civil contempt.

Customer: replied 1 year ago.
But u didn't answer question . How long can u be held without bond, fine or time before your civil liberties are infringed upom
Expert:  Zoey, JD replied 1 year ago.

I did answer that: The maximum amount one can be held on a civil contempt charge is 18 months, pursuant to the Texas government Code 21.001(h)(2), as indicated above or whenever he has complied with the court order, whichever comes first. This is a sanction and as with other types of sentnces, no bail or bond is necessary. What's required is the hearing, which he appears to have had.

What record was made at the time of his incarceration as to the possible term of his sentence? Usually a judge will say something along those lines. Does he have a lawyer? When is the case calendared for?