Texas House Bill HB782

Texas 2025 - 89th Regular

• Filed: 11/12/24
• Out of House Committee: 5/7/25

Caption

Relating to the transfer of a protective order.

Impact

The bill facilitates the transfer of protective orders related to child custody and parental rights by directing courts to automatically move these orders to the court with continuing exclusive jurisdiction over the case. This change is intended to streamline processes and reduce complications that can arise when protective orders are granted in different jurisdictions than those handling related family matters. It is poised to create a more consistent application of protective orders across the state, thereby potentially improving the safety and well-being of involved parties, especially children.

Summary

House Bill 782 aims to amend the Family Code regarding protective orders. This bill specifies the conditions under which a protective order can be transferred from one court to another, particularly in the context of family law cases such as divorce or custody disputes. The revisions focus on ensuring that protective orders are appropriately handled by courts that have jurisdiction over accompanying suits regarding familial relationships, thereby enhancing legal clarity and procedural efficiency.

Sentiment

Discussion around HB 782 has generally been positive among proponents who emphasize the need for a clear framework for handling protective orders in family law. Supporters argue that the bill represents a meaningful step towards protecting vulnerable individuals in domestic situations and reducing the likelihood of jurisdictional conflicts. Conversely, there may be some concerns raised by critics who fear that the language of the law could be too broad or unclear, potentially leading to unintended consequences in the interpretation and application of protective orders.

Contention

Notable points of contention may surface regarding the implications of automatic transfers of protective orders. Some stakeholders may worry that such provisions could overlook specific local factors or nuances that courts might need to consider on a case-by-case basis. Furthermore, discussions could arise around the safeguards in place to protect the rights of the individuals entering into protective orders, especially with respect to the speed and autonomy of judicial processes. Overall, the balance between procedural efficiency and individual rights remains a critical focus in the evaluation of this legislation.

Texas Constitutional Statutes Affected

Family Code

• Chapter 85. Issuance Of Protective Order
  • Section: New Section
  • Section: New Section
  • Section: New Section