I have a Protective Order Hearing scheduled this week. Just found out Applicant, who was staying in the Kendall County Women's Shelter at the time of filing, moved into an apartment in Bexar County. The assault took place in Bexar County.
I don't believe I can proceed any further, right? Am I supposed to transfer the case to a Bexar County court, or do I just dismiss the Application for a Protective Order and tell the victim to re-file in Bexar County?
The question is one of venue not jurisdiction. Your court still has jurisdiction (the right to hear a case regarding a protective order) but venue may no longer be appropriate. I don't think I would agree to dismiss it. If respondent lives in your county then your court also has venue. If the court disagrees with transferring to the appropriate court with proper venue then I would make sure it is dismissed without prejudice so that she can re-file in the appropriate county. I would think that the proper remedy would be to transfer to the other county if you no longer have venue. It was filed appropriately and the county no longer has venue so it needs to be transferred.
You may want to contact Bexar County when you transfer to get their DA to file a motion to substitute so that you don't have to leave her hanging over there or subject yourself to having to represent her in Bexar County.
