Can a court of this state modify a protective order issued by another state? TEX. FAM. C. Sec. 87.001 et seq. (Modification of Protective Orders) is silent on issue (as well as the cited cases). Sec. 88.001 et seq. (Uniform Interstate Enforcement of Protective Orders Act)deals only with enforcement. It makes out of state protective orders enforceable in Texas without the need to register it as a foreign judbement, but provides a procedure for registering the out of state order if the protected person desires.

Is this a run-of-the-mill PO or are children involved who are subject to the exclusive continuing jurisdiction of an out of state court under a divorce decree or custody suit? TIf so, the Family Code provides for a Texas Court to issue a temporary emergency order, but for more, the out of state court must relinquish jurisdiction (motion to transfer). If no children under a past or present SAPCR . . . anyone?

In this case there are no custody or divorce actions previous, so no courts of continuing jurisdiction or UCCJEA tie ins. However, the P.O. protected person and the respondent do have children together. The children and both parties are in Texas now. The reason the protected person wants to modify the P.O. is to keep the respondent/father from contacting her at all. The existing out of state P. O. only prohibits him from communicating with her in a threatening or harassing manner. My personal view is that they need to communicate regarding the children and I would probably decline to attempt to modify the P.O. They probably need a SAPCR wherein this issue could be addressed in connection with an initial custody determination. But if the facts supported a modification outside of a SAPCR I still wonder if a Texas Court could modify the out of state P. O. Thanks for your interest.

It would seem that 85.065(c) would allow a Texas court to modify the PO if the PO was transferred from the issuing court to that court. But I have not seen or heard of this being done.