When filing for divorce in Texas, it’s mandatory to include a statement regarding any protective orders that may be in effect or pending. According to Texas Family Code § 6.405, the divorce petition must clearly state whether there is an active protective order related to a party or child involved in the suit. This includes orders under Family Code title 4, subchapter A of chapter 7B of the Code of Criminal Procedure, or any emergency protective orders under article 17.292 of the Code of Criminal Procedure.
If a protective order is in place, a copy must be attached to the petition. If the copy isn’t available at the time of filing, the petition must note that it will be filed with the court before any hearings occur.
Including this information is crucial for ensuring the safety of all parties involved and for the court to be fully informed of any risks or ongoing protective measures. For those involved in a divorce, accurately reporting protective orders in the petition is a critical step in the legal process.