Texas Codes

Tex. Fam. Code § 85.062 (2026)

Application Filed While Suit For Dissolution Of Marriage Or Suit Affecting Parent-child Relationship Pending

✓ current as of May 2026

Find cases: SyfertCases citing this section TX-LEGstatutes.capitol.texas.gov Justiaon Justia CornellLII Search CasesGoogle Scholar

Sec. 85.062. APPLICATION FILED WHILE SUIT FOR DISSOLUTION OF MARRIAGE OR SUIT AFFECTING PARENT-CHILD RELATIONSHIP PENDING. (a) If a suit for dissolution of a marriage or suit affecting the parent-child relationship is pending, a party to the suit may apply for a protective order against another party to the suit by filing an application:

(1) in the court in which the suit is pending; or

(2) in a court in the county in which the applicant resides if the applicant resides outside the jurisdiction of the court in which the suit is pending.

(b) An applicant subject to this section shall inform the clerk of the court that renders a protective order that a suit for dissolution of a marriage or a suit affecting the parent-child relationship is pending in which the applicant is party.

(c) If a final protective order is rendered by a court other than the court in which a suit for dissolution of a marriage or a suit affecting the parent-child relationship is pending, the clerk of the court that rendered the protective order shall:

(1) inform the clerk of the court in which the suit is pending that a final protective order has been rendered; and

(2) forward a copy of the final protective order to the court in which the suit is pending.

(d) A protective order rendered by a court in which an application is filed under Subsection (a)(2) is subject to transfer under Section 85.064.

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

Notes of Decisions

Cited in 7 cases (5 in the last 5 years), 2003–2023 · leading case: Royce Allen Phillips v. Alicia Lucile Phillips (Tex. App. 2021).

Sort: Relevance Newest Treatment

Royce Allen Phillips v. Alicia Lucile Phillips (Tex. App. 2021). · cites it 3× “Tex. Fam. Code Ann. § 85.062 (a)(2). The 280th District Court issued an ex parte temporary protective order in March 2019 before Husband appeared and answered.”

Royce Allen Phillips v. Alicia Lucile Phillips (Tex. App. 2021). “Tex. Fam. Code Ann. § 85.062 (a). The Family Code further mandates that a “person who wishes to apply for a protective order with respect to the person’s spouse and who is a party to a suit for the dissolution of a marriage .”

Erna Aletta Cox v. Kevin Stuart Cox (Tex. App. 2021). “See TEX. FAM. CODE § 85.062(a) (when suit for dissolution of a marriage or suit affecting the parent-child relationship is pending, application for protective order must be filed in court where suit is pending or in court in county where applicant resides if applicant lives…”

In Re Jonna Bass, Relator v. the State of Texas (Tex. App. 2023). “The application was filed in the same cause number as the pending suit affecting parent-child relationship, as permitted by Texas Family Code section 85.062. See TEX.”

Derrick Fontenot v. Janell Fontenot (Tex. App. 2023). “Tex. Fam. Code Ann. § 85.062 . B. ANALYSIS Contrary to Derrick’s argument, we have previously analyzed the statutory scheme and concluded that the filing requirement in Family Code § 85.”

Rawlin Trent v. Andre Curtis & Rodrick Harrison (Tex. App. 2003). “Tex. Fam. Code Ann. § 85.062 (Vernon 2002).”

Billy Lee Copeland v. Ashley Nicole Moreland (Tex. App. 2015). “TEX. FAM. CODE ANN. § 85.062. 5 Since there is nothing in the appellate record demonstrating that these sections apply in this case, we overrule Copeland’s point of error.”

— Tex. Fam. Code § 85.062(a) — 1 case

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.