Protective Orders Now Inside Family Cases: How SB 1559 Changed Texas Divorce and Custody Litigation

One family may be navigating protective orders, divorce cases, and child custody disputes. But when these cases are handled by different courts, it’s not uncommon for orders from different courts to interfere with orders handed down by other judges. While one judge might issue a protective order that restricts contact, the family judge handling the child custody case may require in-person custody exchanges that contradict the protective order. That’s why Senate Bill 1559 was passed in Texas, going into effect on September 1, 2025. Learn more about how this law may affect your case by reaching out to a divorce attorney.

When you work with Garza Law Office, PLLC, you’ll get representation that accounts for your unique family situation, how the court may respond to your case, and your specific goals for the case. Attorney Dora Alicia Garza approaches each divorce case with the goal of securing a positive outcome for her client and putting their needs first. Learn more about how our divorce law firm can support you during this time by calling us at 956-329-1304.

How Conflicting Family Court and Protective Orders Created Problems

Before SB 1559, Texas law didn’t have a clear rule that addressed how to handle conflicts between protective orders and later orders entered in divorce or custody cases involving the same individuals. As a result, divorce lawyers in Texas would have to request clarification or petition the court to protect their client by enforcing the terms of the protective order. The Senate bill analysis highlighted concerns that different courts may impose inconsistent terms, making it difficult to coordinate related rulings.

Consider an individual with a protective order that prevents them from being near the other parent’s residence—but their custody order requires exchanges at that same location. These types of contradictions were quite common, causing stress for individuals on both sides of each case and leaving protected individuals uncertain about their rights.

Protective Orders Now Prevail

The passage of SB 1559 added Section 81.012 to the Texas Family Code. As long as a protective order is valid and subject to transfer, it prevails over a conflicting order regarding a divorce or suit affecting the parent-child relationship. In these cases, the protective order only overrides the other suit to the extent that the orders conflict.

This rule applies both to final protective orders and temporary ex parte protective orders. A parent named in a protective order cannot use an older custody order or provision to violate the protective order. If there are conflicts between a protective order and a family law suit involving the same individuals, the protective order prevails until the matter is addressed in court.

When a Protective Order Must Be Transferred to the Family Court

SB 1559 also requires the court that issued a protective order to transfer it to the court handling the related divorce or child custody case once statutory conditions are met and the transfer won’t affect the safety of the protected individual. Before this, the issuing court had discretion regarding whether to transfer a protective order.

Safety Objections and the New Transfer Procedure

This bill also affects how protective orders are transferred and how transfers are opposed. If a party believes that transferring the protective order would negatively affect the safety of the person protected by the order, they may contest the transfer. The court may only approve a transfer if it won’t negatively affect the safety of the protected person.

How SB 1559 Can Affect Divorce and Custody Strategy

Your family law attorney in Edinburg must identify active protection orders early in your divorce or custody case. The terms of any protection orders must be compared with the terms of current temporary orders related to your family law case, as well as parenting plans, possession schedules, and communication arrangements. If there are contradicting terms, your divorce lawyer can work to bring the order before the court so issues can be addressed in a consistent manner. A protective order may also influence settlement negotiations, exchange arrangements, communication, and requests for supervised visitation.

Learn More About Your Divorce and Custody Options With Our Edinburg Divorce Law Firm

Our divorce law firm is committed to helping you work through the challenges of divorce and custody disputes. Schedule your consultation right away by reaching out online or calling us at 956-329-1304.

Dora Alicia Garza

Dora Alicia Garza is a seasoned attorney based in Texas and the Founder of Garza Law Office, PLLC. She has built a respected practice across multiple areas of law, including criminal defense, family law, personal injury, guardianships & wills, estate planning & probate, immigration, debt defense and juvenile law. Learn more here.