Tex. Codes » Family Code · TITLE 4. PROTECTIVE ORDERS AND FAMILY VIOLENCE · SUBTITLE B. PROTECTIVE ORDERS · CHAPTER 85. ISSUANCE OF PROTECTIVE ORDER
Texas Codes

Tex. Fam. Code § 85.061 (2026)

Dismissal Of Application Prohibited; Subsequently Filed Suit For Dissolution Of Marriage Or Suit Affecting Parent-child Relationship

✓ current as of May 2026
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Sec. 85.061. DISMISSAL OF APPLICATION PROHIBITED; SUBSEQUENTLY FILED SUIT FOR DISSOLUTION OF MARRIAGE OR SUIT AFFECTING PARENT-CHILD RELATIONSHIP. If an application for a protective order is pending, a court may not dismiss the application or delay a hearing on the application on the grounds that a suit for dissolution of marriage or suit affecting the parent-child relationship is filed after the date the application was filed.

Added by Acts 1997, 75th Leg., ch. 1193, Sec. 16, eff. Sept. 1, 1997.

Notes of Decisions
Cited in 5 cases (2 in the last 5 years), 2002–2023 · leading case: In Re Vicki Lynn COMPTON, 117 S.W.3d 548 (Tex. App. 2003).
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In Re Vicki Lynn COMPTON, 117 S.W.3d 548 (Tex. App. 2003). “See Tex. Fam.Code ANN. §§ 85.061, 85.062 (Vernon 2002).”
Crystal Dolgener v. Steven Dolgener (Tex. App. 2021). “See Tex. Fam. Code Ann. §§ 85.061 (“If 18 A spouse can request temporary orders for his or her protection, for a child’s safety and welfare, or for the preservation of property either with or after the filing of a suit for the dissolution of marriage.”
Ron Lummus v. Benita Lummus (Tex. App. 2023). “When an appellant challenges the legal sufficiency of the evidence supporting a 1 The Family Code shows the legislature has contemplated that a party may properly seek a protective order before filing for divorce: If an application for a protective order is pending, a court may…”
Kean Bilyeu v. Tamera Lynn Bilyeu (Tex. App. 2002). “See Tex. Fam. Code Ann. §§ 85.061 -.065. If an application for a protective order is pending, a court may not dismiss the application on the ground that a divorce proceeding is filed later in a different court.”
Rawlin Trent v. Andre Curtis & Rodrick Harrison (Tex. App. 2003). “See Tex. Fam. Code Ann. §§ 85.061 , 85.062 (Vernon 2002).”
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