Tex. Fam. Code § 85.061-85.065

TEXAS FAMILY CODE Chapter 85, Subchapter D — RELATIONSHIP BETWEEN PROTECTIVE ORDER AND SUIT FOR CHAPTER 85 • ISSUANCE OF PROTECTIVE ORDER Subchapter D: RELATIONSHIP BETWEEN PROTECTIVE ORDER AND SUIT FOR DISSOLUTION OF MARRIAGE AND SUIT AFFECTING PARENT-CHILD RELATIONSHIP Sec. 85.061. DISMISSAL OF APPLICATION PROHIBITED; SUBSEQUENTLY FILED SUIT FOR DISSOLUTION OF MARRIAGE OR SUIT AFFECTING PARENT-CHILD RELATIONSHIP. If an application for a protective order is pending, a court may not dismiss the application or delay a hearing on the application on the grounds that a suit for dissolution of marriage or suit affecting the parent-child relationship is filed after the date the application was filed. Added by Acts 1997, 75th Leg., ch. 1193, Sec. 16, eff. Sept. 1, 1997. Sec. 85.062. APPLICATION FILED WHILE SUIT FOR DISSOLUTION OF MARRIAGE OR SUIT AFFECTING PARENT-CHILD RELATIONSHIP PENDING. (a) If a suit for dissolution of a marriage or suit affecting the parent-child relationship is pending, a party to the suit may apply for a protective order against another party to the suit by filing an application: (1) in the court in which the suit is pending; or (2) in a court in the county in which the applicant resides if the applicant resides outside the jurisdiction of the court in which the suit is pending. (b) An applicant subject to this section shall inform the clerk of the court that renders a protective order that a suit for dissolution of a marriage or a suit affecting the parent-child relationship is pending in which the applicant is party. (c) If a final protective order is rendered by a court other than the court in which a suit for dissolution of a marriage or a suit affecting the parent-child relationship is pending, the clerk of the court that rendered the protective order shall: (1) inform the clerk of the court in which the suit is pe riage or a suit affecting the parent-child relationship is pending, the clerk of the court that rendered the protective order shall: (1) inform the clerk of the court in which the suit is pending that a final protective order has been rendered; and (2) forward a copy of the final protective order to the court in which the suit is pending. (d) A protective order rendered by a court in which an application is filed under Subsection (a)(2) is subject to transfer under Section 85.064. Added by Acts 1997, 75th Leg., ch. 1193, Sec. 16, eff. Sept. 1, 1997. Sec. 85.063. APPLICATION FILED AFTER FINAL ORDER RENDERED IN SUIT FOR DISSOLUTION OF MARRIAGE OR SUIT AFFECTING PARENT-CHILD RELATIONSHIP. (a) If a final order has been rendered in a suit for dissolution of marriage or suit affecting the parent-child relationship, an application for a protective order by a party to the suit against another party to the suit filed after the date the final order was rendered, and that is: (1) filed in the county in which the final order was rendered, shall be filed in the court that rendered the final order; and (2) filed in another county, shall be filed in a court having jurisdiction to render a protective order under this subtitle. (b) A protective order rendered by a court in which an application is filed under Subsection (a)(2) is subject to transfer under Section 85.064. Added by Acts 1997, 75th Leg., ch. 1193, Sec. 16, eff. Sept. 1, 1997. Sec. 85.064. TRANSFER OF PROTECTIVE ORDER. (a) If a protective order was rendered before the filing of a suit for dissolution of a marriage or suit affecting the parent-child relationship or while the suit is pending as provided by Section 85.062, the court that rendered the order shall, on the motion of a party or on the court's own motion, transfer the protective order to the court having jurisdiction of the suit if the court finds that th rt that rendered the order shall, on the motion of a party or on the court's own motion, transfer the protective order to the court having jurisdiction of the suit if the court finds that the transfer will not negatively impact the safety of any person protected by Source: Texas Legislature Online (89th Leg., 2nd Called Sess., 2025) Page 1 --- TEXAS FAMILY CODE Chapter 85, Subchapter D — RELATIONSHIP BETWEEN PROTECTIVE ORDER AND SUIT FOR the order. (b) If a protective order that affects a party's right to possession of or access to a child is rendered after the date a final order was rendered in a suit affecting the parent-child relationship, on the motion of a party or on the court's own motion, the court shall transfer the protective order to the court of continuing, exclusive jurisdiction if the court finds that the transfer will not negatively impact the safety of any person protected by the order. (c) Repealed by Acts 2025, 89th Leg., R.S., Ch. 499 (S.B. 1559), Sec. 4(2), eff. September 1, 2025. (c-1) A motion to transfer a protective order under this section must be filed with a signed certificate of service on all parties. A party desiring to contest the motion must file a response not later than the first Monday after the 20th day after the date the motion is served on the party. The response must include a controverting affidavit stating that the transfer would negatively impact the safety of a person protected by the order. (c-2) If a response to a motion to transfer a protective order is filed as provided by Subsection (c-1), notice of the hearing on the motion to transfer the protective order must be served on all parties not later than the 10th day before the date of the hearing. (c-3) Before rendering an order transferring a protective order under this section, the court must provide each person protected by the protective order the opportunity to submit a statement to the court regarding the impact of a po ransferring a protective order under this section, the court must provide each person protected by the protective order the opportunity to submit a statement to the court regarding the impact of a potential transfer on the person's safety. The court shall consider a statement submitted under this subsection when determining whether to order a transfer. The statement may be a separate document or combined with the motion to transfer or a response to the motion to transfer. The statement must be filed: (1) concurrently with or before the filing of the motion to transfer, if the person protected by the protective order is the person filing the motion to transfer; or (2) concurrently with or before the filing of a response to the motion to transfer, if the person protected by the protective order is not the person filing the motion to transfer. (c-4) An order transferring a protective order under this section must include a finding that the transfer will not negatively affect the safety of any person protected by the order. (d) The transfer of a protective order under this section shall be conducted according to the procedures provided by Section 155.207. (e) Except as provided by Section 81.002, the fees or costs associated with the transfer of a protective order shall be paid by the movant. Added by Acts 1997, 75th Leg., ch. 1193, Sec. 16, eff. Sept. 1, 1997. Amended by: Acts 2025, 89th Leg., R.S., Ch. 499 (S.B. 1559), Sec. 3, eff. September 1, 2025. Acts 2025, 89th Leg., R.S., Ch. 499 (S.B. 1559), Sec. 4(2), eff. September 1, 2025. Sec. 85.065. EFFECT OF TRANSFER. (a) Repealed by Acts 2011, 82nd Leg., R.S., Ch. 632, Sec. 6(3), eff. September 1, 2011. (b) Repealed by Acts 2011, 82nd Leg., R.S., Ch. 632, Sec. 6(3), eff. September 1, 2011. (c) A protective order that is transferred is subject to modification by the court that receives the order to the same extent modification is permitted under Chapter 87 by a court that rendered the order. Add ective order that is transferred is subject to modification by the court that receives the order to the same extent modification is permitted under Chapter 87 by a court that rendered the order. Added by Acts 1997, 75th Leg., ch. 1193, Sec. 16, eff. Sept. 1, 1997. Amended by: Acts 2011, 82nd Leg., R.S., Ch. 632 (S.B. 819), Sec. 6(3), eff. September 1, 2011. Source: Texas Legislature Online (89th Leg., 2nd Called Sess., 2025) Page 2