S.B. No. 1559 amends the Family Code to clarify the precedence of protective orders over other legal orders in cases of conflict. Specifically, it introduces Section 81.012, which states that during the validity of a protective order, including temporary ex parte orders, such orders will take precedence over any conflicting orders related to marriage dissolution or parent-child relationships. Additionally, Section 85.026 is amended to require that all protective orders prominently display a statement indicating their precedence over other orders during their validity.
The bill also revises the process for transferring protective orders by amending Section 85.064. It mandates that courts must transfer protective orders if they determine that the transfer will not negatively impact the safety of protected individuals, replacing the previous discretionary language. New subsections outline the procedures for filing motions to transfer, including requirements for notice and the opportunity for protected individuals to submit statements regarding their safety. The bill repeals certain existing provisions and specifies that the new rules apply only to protective orders issued or motions made after the effective date of the Act, which is set for September 1, 2025.
Statutes affected: Introduced: Family Code 85.064 (Family Code 85)
Senate Committee Report: Family Code 85.064 (Family Code 85)
Engrossed: Family Code 85.064 (Family Code 85)
House Committee Report: Family Code 85.026, Family Code 85.064 (Family Code 85)
Enrolled: Family Code 85.026, Family Code 85.064 (Family Code 85)