Ex parte Smith

DEVANY, Justice.

Relator, Louis Smith, has applied to us for a writ of habeas corpus alleging that he has been illegally restrained of his liberty by the sheriff of Dallas County under a void order of the 302nd Judicial District Court of that county holding relator in contempt for failure to make child support payments. We granted bail pending a hearing in this court and, after the hearing, we granted the writ and ordered relator unconditionally released from custody. We now state the reasons for our decision.

We hold that relator is not in contempt of the August 29, 1983, order of the 302nd…