Texas Family Code 85.064 – Transfer of Protective Order
(a) If a protective order was rendered before the filing of a suit for dissolution of marriage or suit affecting the parent-child relationship or while the suit is pending as provided by § 85.062, the court that rendered the order may, 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 makes the finding prescribed by Subsection (c).
(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 may transfer the protective order to the court of continuing, exclusive jurisdiction if the court makes the finding prescribed by Subsection (c).
Terms Used In Texas Family Code 85.064
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Justice: when applied to a magistrate, means justice of the peace. See Texas Government Code 312.011
(c) A court may transfer a protective order under this section if the court finds that the transfer is:
(1) in the interest of justice; or
(2) for the safety or convenience of a party or a witness.
(d) The transfer of a protective order under this section shall be conducted according to the procedures provided by § 155.207.
(e) Except as provided by § 81.002, the fees or costs associated with the transfer of a protective order shall be paid by the movant.