Royce Allen Phillips v. Alicia Lucile Phillips
14-19-00618-CV
| Tex. App. | Aug 31, 2021Background
- Appeal in Harris County family-law context; concurring opinion (Justice Poissant) joined the majority’s judgment but wrote separately to highlight statutory conflicts.
- Protective-order courts in Harris County (including the 280th District Court) were created to give victims of family violence rapid access to relief.
- Family Code provisions at issue: §82.005 (filing requirement for spouse in divorce), §85.062 (application may be filed in court where suit is pending or county court), §85.064 (discretionary transfer of protective order), and §85.009 (protective order remains enforceable until superseded).
- Statutory language creates tension: one provision appears to require filing in the suit court, another permits filing in county protective-order courts, and transfer is discretionary.
- Practical consequences: conflicting protective-order and SAPCR/divorce orders can expose parties to contempt for complying with one court and violating the other, enable forum shopping, increase litigation costs, and harm children and victims.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Proper forum to file a protective order when a divorce/SAPCR is pending | A party may file in a protective-order court in the county (per §85.062) | Application must be filed in the court where the suit is pending (per §82.005/Subchapter D) | Statutory provisions are in tension; concurrence highlights confusion though judgment affirmed (no definitive statutory override adopted) |
| Whether a protective-order court must transfer the order to the suit court when a SAPCR/divorce is pending | Transfer should be required to avoid conflicting orders | Transfer is permissive; §85.064 gives discretion to the protective-order court | Transfer under §85.064 is discretionary, not mandatory (citing In re Compton) |
| Whether a protective order remains enforceable while a suit affecting the parent-child relationship is pending | Protective order may be superseded by suit court | Protective order remains valid until superseded by a court with jurisdiction | §85.009 keeps the protective order enforceable pending action by the court that rendered it |
| Policy: Should protective-order accessibility outweigh risk of conflicting orders and forum shopping? | Emphasizes accessible, immediate protection for victims; protective-order courts serve important safety function | Warns that conflicts facilitate forum shopping, increased litigation, and harms to children and parties | Court (concurring) recognizes the policy tradeoffs and urges legislative clarification; no statutory remedy imposed by court |
Key Cases Cited
- In re Compton, 117 S.W.3d 548 (Tex. App.—Texarkana 2003) (construing §85.064 as permissive/discretionary rather than mandatory)