The bill amends Sections 85.064(a) and (b) of the Family Code regarding the transfer of protective orders. It stipulates that if a protective order was issued before or during a suit for dissolution of marriage or a suit affecting the parent-child relationship, the court that issued the order "shall" transfer it to the court with jurisdiction over the suit, removing the previous language that allowed the court to "may" transfer the order at its discretion. Similarly, if a protective order affecting a party's rights regarding a child is issued after a final order in a parent-child relationship suit, the court "shall" transfer the protective order, again eliminating the discretionary language.
Additionally, Section 85.064(c) of the Family Code is repealed, which previously contained conditions for transferring protective orders. The bill specifies that the amended provisions will apply only to motions to transfer protective orders made on or after the effective date of the Act, which is set for September 1, 2025. Any motions made prior to this date will continue to be governed by the law in effect at that time.
Statutes affected: Introduced: Family Code 85.064 (Family Code 85)