�71.002 defines "Court" for the purposes of a protective order.

In jurisdictions where there is only one attorney judge, what happens when the District Judge (attorney judge) is absent?

The definition of court includes constitutional county court, but if the county court judge signs the order, then what court is the protective order filed in?


John L. Pool

If a divorce or a SAPCR between the parties is pending, or a final order in such a case was rendered, the application must be filed in the court in which the divorce or SAPCR is pending or was resolved by final order. Alternatively, the case can be filed in a "court" of the county in which the applicant resides, if that's a county other than the one in which the divorce or custody suit was filed. Tex. Fam. Code secs. 85.062(a), 85.063(a). It may subsequently be transferred to the divorce or SAPCR court. Since constitutional county courts don't generally have divorce or SAPCR jurisdiction, see Gov't Code sec. 26.043(4), Fam. Code sec. 101.008, cases falling within those circumstances must be filed in district court in the county where the divorce or SAPCR was or is pending. Otherwise, the constitutional county court (and its presiding county judge) have full jurisdiction to issue a protective order. There is no requirement that a protective order proceeding (other than those described above) be filed in district court.