The bill amends Sections 85.064(a) and (b) of the Family Code regarding the transfer of protective orders. It mandates 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 must transfer the order 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 is also required to transfer the protective order to the court of continuing, exclusive jurisdiction. The language changes replace the discretionary "may" with the mandatory "shall" in both instances.
Additionally, Section 85.064(c) of the Family Code is repealed, which previously contained a requirement for the court to make a specific finding before transferring a protective order. 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 existing law.
Statutes affected: Introduced: Family Code 85.064 (Family Code 85)
House Committee Report: Family Code 85.064 (Family Code 85)