What if I already have a protective order, or if I need one during my divorce case?
Your protective order can be transferred to the court handling your divorce. This can happen if you get a protective order before or during a divorce case.1
Either you or your spouse can make this request, and the judge can also decide to do it on their own.1 The judge cannot transfer the order, however, if that would make you or anyone else protected by the order unsafe.2 If your spouse asks for the order to be transferred and you do not agree, you must file an affidavit in response that explains how the transfer would make you unsafe.3
It is possible for your protective order to say something different from what your divorce order says. Even if your protective order is not transferred, if the orders say different things, your protective order will be enforced instead of (take precedence over) any other divorce order you may get. This will be true for as long as the protective order is in effect, even if it is a temporary ex parte order. The order should include language saying this, but it is true even if the language is not there.4
1 Tex. Fam. Code § 85.064(a)
2 Tex. Fam. Code § 85.064(c-4)
3 Tex. Fam. Code § 85.064(c-1), (c-3)
4 Tex. Fam. Code §§ 81.012; 85.026(b)




