This section requires courts to transfer certain protective orders when statutory conditions are met, and it sets filing, notice, response, safety-statement, and fee-payment rules for the transfer process.
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 the transfer will not negatively impact the safety of any person protected by 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 (c) Repealed by Acts 2025, 89th Leg., R.S., Ch. 499 (S.B. 1559), Sec. 4(2), eff.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 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.