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 is 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. 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 also transfer this order to the court of continuing, exclusive jurisdiction. The bill removes the previous requirement for the court to make specific findings before transferring the protective order.
Additionally, the bill repeals Section 85.064(c) of the Family Code, which previously outlined the findings necessary for such transfers. The new provisions will only apply 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 existing law.
Statutes affected: Introduced: Family Code 85.064 (Family Code 85)
House Committee Report: Family Code 85.064 (Family Code 85)