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 § 85.064 (2026)

Transfer Of Protective Order

✓ current as of May 2026
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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(c) Repealed by Acts 2025, 89th Leg., R.S., Ch. 499 (S.B. 1559), Sec. 4(2), eff.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.

Notes of Decisions
Cited in 14 cases (5 in the last 5 years), 2001–2023 · leading case: In Re Salgado, 53 S.W.3d 752 (Tex. App. 2001).
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In Re Salgado, 53 S.W.3d 752 (Tex. App. 2001). · cites it 5× “Tex.Fam.Code Ann. § 85.064 (Vernon Supp. 2001).”
Bilyeu v. Bilyeu, 86 S.W.3d 278 (Tex. App. 2002). “See Tex. Fam. Code Ann. §§ 85.064 , .065. Here there is *282 yet to be a transfer of the protective order to the court where the parties’ divorce is pending.”
In Re Vicki Lynn COMPTON, 117 S.W.3d 548 (Tex. App. 2003). “Tex. Fam. Code Ann. § 85.064 (b). Even if the divorce case is tried, the court must consider the intentional use of abusive physical force by a party against that party’s spouse, or any person younger than eighteen years of age committed within two years preceding the filing of…”
Crystal Dolgener v. Steven Dolgener (Tex. App. 2021). · cites it 5× “11 See Tex. Fam. Code Ann. § 85.064 (a) (providing that a court may transfer a protective order if the transfer is in the interest of justice or for the safety or convenience of a party or witness).”
Derrick Fontenot v. Janell Fontenot (Tex. App. 2023). · cites it 3× “3d at 268 (citing Tex. Fam. Code Ann. § 85.064 (a)). A court may transfer a protective order under § 85.”
Rawlin Trent v. Andre Curtis & Rodrick Harrison (Tex. App. 2003). · cites it 2× “Tex. Fam. Code Ann. § 85.064 (Vernon 2002).”
Jason D. Brownlee v. Katharine A. Daniel (Tex. App. 2012). · cites it 2× “The court in which the protective order is filed may transfer the protective order action to ―the court of continuing, exclusive jurisdiction if the court makes the finding prescribed by Subsection (c).”
in Re: Michael L. Bird (Tex. App. 2019). “See TEX. FAM. CODE ANN. § 85.064(b)-(c) (West 2019) (authorizing court to transfer protective order proceeding to court of continuing exclusive jurisdiction if transfer is in the interest of justice or is for the safety or convenience of a party or witness).”
Royce Allen Phillips v. Alicia Lucile Phillips (Tex. App. 2021). “proceeding); see Tex. Fam. Code Ann. § 85.064 (a). Family Code § 85.”
in the Interest of I.A.F., a Child (Tex. App. 2022). “”); TEX. FAM. CODE § 85.064(b)–(c) (allowing for, but not mandating, transfer of a SAPCR protective order rendered in a court other than the court of Title 5 continuing exclusive jurisdiction).”
Rakesh Thoutam v. Geetanjali Paramkusam (Tex. App. 2023). “TEX. FAM. CODE ANN. § 85.064. Since neither of those special cases are applicable here, we apply the normal civil rules.”
Hamel v. Hamel, 161 S.W.3d 736 (Tex. App. 2005). “See Tex. Fam.Code Ann. § 85.064(a), (c) (Vernon 2002).”
Show all 14 citing cases →
— Tex. Fam. Code § 85.064(a) — 1 case
Hamel v. Hamel, 161 S.W.3d 736 (Tex. App. 2005). “See Tex. Fam.Code Ann. § 85.064(a), (c) (Vernon 2002).”
— Tex. Fam. Code § 85.064(b) — 4 cases
In Re Salgado, 53 S.W.3d 752 (Tex. App. 2001). “Tex.Fam.Code Ann. § 85.064 (Vernon Supp. 2001).”
in Re: Michael L. Bird (Tex. App. 2019). “See TEX. FAM. CODE ANN. § 85.064(b)-(c) (West 2019) (authorizing court to transfer protective order proceeding to court of continuing exclusive jurisdiction if transfer is in the interest of justice or is for the safety or convenience of a party or witness).”
in the Interest of I.A.F., a Child (Tex. App. 2022). “”); TEX. FAM. CODE § 85.064(b)–(c) (allowing for, but not mandating, transfer of a SAPCR protective order rendered in a court other than the court of Title 5 continuing exclusive jurisdiction).”
Jason D. Brownlee v. Katharine A. Daniel (Tex. App. 2012). “The court in which the protective order is filed may transfer the protective order action to ―the court of continuing, exclusive jurisdiction if the court makes the finding prescribed by Subsection (c).”
— Tex. Fam. Code § 85.064(d) — 1 case
In Re Salgado, 53 S.W.3d 752 (Tex. App. 2001). “Tex.Fam.Code Ann. § 85.064 (Vernon Supp. 2001).”
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