Opinion
04-22-00627-CV
09-27-2022
EX PARTE Chukwuzoba Mary Cynthia ORAEKWE,
From the 224th Judicial District Court, Bexar County, Texas Trial Court No. 2020CI05714 Honorable Mary Lou Alvarez, Judge Presiding
Sitting: Patricia O. Alvarez, Justice, Luz Elena D. Chapa, Justice Liza A. Rodriguez, Justice
ORDER
PER CURIAM
On September 26, 2022, relator filed an original proceeding challenging a September 19, 2022 Order for Commitment that ordered relator incarcerated in the Bexar County Jail "for a period of six (6) months or until further Order of the Court." The order states that the court found relator in contempt for 53 "separate violation[s]" that are not identified, and as the "reason for commitment," the order states: "Civil contempt, non-compliance with Court Order Possession and Access regarding the children of the marriage." Relator argues the September 19, 2022 Order for Commitment is void on its face because it does not comply with relevant provisions of the Texas Family Code. She also requests, as emergency relief, immediate release from her confinement in the Bexar County Jail.
"An enforcement order must include: (1) in ordinary and concise language the provisions of the order for which enforcement was requested; (2) the acts or omissions that are the subject of the order; (3) the manner of the respondent's noncompliance; and (4) the relief granted by the court." Tex. Fam. Code Ann. § 157.166(a). Section 157.166 further provides, "If the order imposes incarceration or a fine for criminal contempt, an enforcement order must contain findings identifying, setting out, or incorporating by reference the provisions of the order for which enforcement was requested and the date of each occasion when the respondent's failure to comply with the order was found to constitute criminal contempt," and "[i]f the enforcement order imposes incarceration for civil contempt, the order must state the specific conditions on which the respondent may be released from confinement." Tex. Fam. Code Ann. § 157.166(b), (c). The September 19, 2022 Order for Commitment does not comply with these statutory provisions. Accordingly, it appears to be void on its face. See Tex. Fam. Code § 157.166; In re Santana, 2019 WL 5704313, at *4 (Tex. App.-Houston [14th Dist.] Nov. 5, 2019, orig. proceeding).
For these reasons, we GRANT relator's request for emergency relief and ORDER her released from the Bexar County Jail pending this court's review of this original proceeding. We invite the real party in interest and the respondent to file a response to relator's petition no later than noon on September 28, 2022.