A. Introduction

Texas law recognizes two kinds of contempt and two different types of remedies:

•   Direct contempt occurs in the presence of the court during court proceedings and is immediately punishable by the court; and

•   Indirect or constructive contempt which occurs outside the court's presence and dictates stricter procedural standards.

The remedies for contempt are similarly divided into two categories:

•   Civil or coercive; and

•   Criminal or punitive.

The remedy used by the court, not the conduct of the contemnor, defines the contempt remedies as civil or criminal. Although the term “contempt of court” conjures images of unchecked authority, in reality, the power is limited. A high percentage of contempt judgments are set aside by appellate courts. Exacting standards apply.