Texas Family Code - Section 61.055. Conduct Of Enforcement Hearing
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§ 61.055. CONDUCT OF ENFORCEMENT HEARING. (a) The
juvenile court shall require that the enforcement hearing be
recorded as provided by Section 54.09.
(b) The movant must prove beyond a reasonable doubt that the
person against whom enforcement is sought engaged in conduct
constituting contempt of a reasonable and lawful court order as
alleged in the motion for enforcement.
(c) The person against whom enforcement is sought has a
privilege not to be called as a witness or otherwise to incriminate
himself or herself.
(d) The juvenile court shall conduct the enforcement
hearing without a jury.
(e) The juvenile court shall include in its judgment
findings as to each violation alleged in the motion for enforcement
and the punishment, if any, to be imposed.
(f) If the person against whom enforcement is sought was not
represented by counsel during any previous court proceeding
involving a motion for enforcement, the person may through counsel
raise any defense or affirmative defense to the proceeding that
could have been lodged in the previous court proceeding but was not
because the person was not represented by counsel.
(g) It is an affirmative defense to enforcement of a
juvenile court order that the juvenile court did not provide the
parent or other eligible person with due process of law in the
proceeding in which the court entered the order.
Added by Acts 2003, 78th Leg., ch. 283, § 28, eff. Sept. 1, 2003.
Section: 61.003 61.0031 61.004 61.051 61.052 61.053 61.054 61.055 61.056 61.057 61.101 61.102 61.103 61.104 61.105
Last modified: August 11, 2007
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