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In re Sheard3/27/2003
This is an original proceeding in habeas corpus arising out of enforcement proceedings in a suit affecting the parent-child relationship.
On January 15, 2003, Lisa Renee Sheard filed a motion to enforce a child support order. On the same day, the trial court entered a temporary restraining order, which related to the proceeds from a personal injury settlement, and scheduled a temporary injunction hearing for January 22, 2003. A temporary injunction issued on January 22, after the relator failed to appear at the hearing. Also on January 15, the trial court ordered Byron Anthony Sheard to appear in court on February 4, 2003, for a hearing on the motion to enforce the child support order. The parties agree that the relator personally appeared before the trial court on February 4. On that day, the trial court reset the hearing for February 11, 2003. The relator appeared, pro se, at the February 11 hearing. Pronouncing its judgment from the bench, the trial court found Sheard to be in contempt of the child support order, ordered Sheard to serve six months in jail as punishment for the contempt, suspended the sentence, and placed Sheard on community supervision for ten years. It appears that judgment has not been reduced to a written judgment; the clerk's record filed in this case includes neither a judgment of contempt nor a community supervision order. In open court, the trial court ordered Sheard to remain in the courtroom and meet with the probation officer. Sheard disobeyed the court by leaving. According to Lisa Sheard, that is the act of direct contempt for which the relator is presently confined.
On February 21, 2003, the trial court issued an "Order for Capias and Setting of Bond" that recited the following: "The Court ... finds that this matter [Movant's Motion for Enforcement of Child Support] was duly and properly set for hearing on February 4, 2003, at 9:00 a.m. at Beaumont, Texas and that Respondent failed to appear." The order goes on to direct the clerk of the court to issue the capias to bring Sheard to the Court to answer the allegations of the Motion for Enforcement of Child Support, and set a $1,000 bond for release pending the hearing. This is the order referred to by the sheriff in the certificate of confinement.
On March 4, 2003, Lisa Sheard filed another Motion for Enforcement, this time complaining that Byron Sheard violated the trial court's order of January 22, 2003. The trial court ordered the relator to appear on March 11, 2003, to respond to that motion. On March 11, 2003, the relator appeared before the trial court. After an initial discussion of the January 22 order, the trial court referred to the February 11 contempt ruling on the January 15 motion and the relator's act of direct contempt on February 11. Testifying, the relator admitted that he violated the January 22 order, explained that he received $195 but did not turn it over to Lisa Sheard's attorney, as ordered, because "we had no food in the house, and my electricity was about to be cutoff." The trial court stated, "I'm ready to put him [Byron Sheard] in jail and set $3,000 cash bond and file motion to revoke probation." The judge continued, stating, "Court is going to set - you're still under arrest in capias. Set $3,000 cash bond pending motion hearing - on motion to revoke probation." Sheard asked, "May I ask how long is this jail sentence for?" The judge responded, in part "I haven't sentenced you to any jail term yet. I'm just setting a bond because you were arrested on capias." Sheard replied, "Well, I had called Jefferson County. And they had no warrant for my arrest or anything. I was going to turn myself in. And nobody would take me on this. As far as going through the facility -
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