SF 235 (LSB 1584XS (4) 88)

SENATE FILE 235

BY  BOLKCOM

A BILL FOR

An Act relating to domestic relations proceedings involving parties with a history of domestic abuse. 
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 598.5, subsection 1, Code 2019, is amended by adding the following new paragraph:
   NEW PARAGRAPH.  l.  State whether a history of domestic abuse exists as specified in section 598.41, subsection 3, paragraph “j”.
    Sec. 2.  NEW SECTION.  598.8A  Expedited process —— domestic abuse.
   1.  The supreme court shall establish, and prescribe rules for, an expedited dissolution proceedings process if a petitioner alleges in the petition filed pursuant to section 598.5, that a history of domestic abuse exists as specified in section 598.41, subsection 3, paragraph “j”, and establishes the allegations by competent evidence. Pursuant to the expedited process, the court may waive the waiting period pursuant to section 598.19, subsection 1, and grant a dissolution decree within sixty days of the day the original notice is served, within sixty days from the last day of publication of notice, or within sixty days of the day the original notice is served by alternative means, as provided in section 598.19, subsection 2.
   2.  The process established and the rules prescribed pursuant to subsection 1 shall address all of the following:
   a.  The process for an expedited hearing.
   b.  An option for publication of notice or other means of service if, following good faith efforts on the part of the petitioner, a respondent evades necessary service of the original notice or other documents.
   c.  Unnecessary delay by the respondent including those related to pretrial processes and proceedings, discovery, and hearings.
   d.  Excessive or frivolous filings or motions by the respondent, which may be addressed by requiring that for any motion or filing by the respondent, a response is not required from the petitioner until the judge reviews the motion for merit and, based upon the judge’s conclusions, determines whether to request a response from the petitioner.
   e.  Attempts to relitigate issues or agreements previously decided.
   f.  Abuse of the discovery process by the respondent in a manner which intimidates, embarrasses, harasses, or impoverishes the petitioner.
   g.  The making of false reports against the petitioner.
   h.  Attempts by the respondent to require additional court appearances to force contact by the petitioner with the respondent. 
   i.  Other tactics used by the respondent that are without factual support or legal merit but are instead used to control, harass, intimidate, coerce, or impoverish the petitioner.
    Sec. 3.  Section 598.19, Code 2019, is amended to read as follows:
   598.19  Waiting period before decree.
   1.  No decree dissolving a marriage shall be granted in any proceeding before ninety days shall have elapsed from the day the original notice is served, or from the last day of publication of notice, or from the date that waiver or acceptance of original notice is filed or until after conciliation is completed, whichever period shall be longer. However, the court may in its discretion, on written motion supported by affidavit setting forth grounds of emergency or necessity and facts which satisfy the court that immediate action is warranted or required to protect the substantive rights or interests of any party or person who might be affected by the decree, hold a hearing and grant a decree dissolving the marriage prior to the expiration of the applicable period, provided that requirements of notice have been complied with. In such case the grounds of emergency or necessity and the facts with respect thereto shall be recited in the decree unless otherwise ordered by the court. The court may enter an order finding the respondent in default and waiving conciliation when the respondent has failed to file an appearance within the time set forth in the original notice.
   2.  As provided in section 598.8A, the court shall waive the waiting period otherwise required to elapse prior to the granting of a decree dissolving a marriage under subsection 1 and may grant a dissolution decree within sixty days from the day the original notice is served, within sixty days from the last day of publication of notice, or within sixty days from the day alternative notice is provided, if the petitioner alleges in the petition that a history of domestic abuse exists as specified in section 598.41, subsection 3, paragraph “j”, and establishes the allegations by competent evidence.
    Sec. 4.  TASK FORCE ON DOMESTIC RELATIONS PROCEEDINGS AND DOMESTIC ABUSE.  The supreme court shall establish a domestic relations proceedings and domestic abuse task force to identify best practices for court processes and proceedings in domestic relations matters to address the needs of parties confronting domestic abuse and to reduce abusive litigation. The task force shall at a minimum do all of the following:
   1.  Recommend changes in processes and court rules to address the abusive litigation tactics used to intimidate, embarrass, harass, impoverish, or otherwise continue to abuse a party to a domestic relations proceeding, including but not limited to evasion of service of process; unnecessary delay; excessive or frivolous filings or motions; abuse of the discovery process to intimidate, embarrass, or harass the other party; the making of false reports against the other party; and requiring additional court appearances to force contact with the other party.
   2.  Consider recommending the adoption of a one family–one judge assignment for the duration of domestic relations cases that involve parties with a history of domestic abuse and the establishment of domestic violence specialty courts to enhance victim safety and improve offender accountability.
   3.  Consider recommending sanctions, beyond verbal admonishment or contempt, such as payment of attorney fees and court costs, to be imposed on parties who utilize abusive litigation tactics.
   4.  Make recommendations for the education of judges, court personnel, attorneys, and others involved in domestic relations processes and proceedings in which the parties have a history of domestic abuse to address the needs of the abused party and to avoid, recognize, and respond to abusive litigation.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill relates to domestic relations proceedings involving parties with a history of domestic abuse.
   The bill provides for an expedited process in dissolution of marriage proceedings involving parties with a history of domestic abuse. If a party states that a history of domestic abuse exists in the petition for dissolution of marriage and establishes the allegations by competent evidence, the court shall provide for an expedited process and hearing, and shall waive the standard 90-day waiting period for the granting of a dissolution decree, and instead provide for the granting of the decree within 60 days of the day the original notice is served, from the last day of publication of notice, or from the day service is provided by alternate means. The bill directs the supreme court to establish, and prescribe rules for, the expedited dissolution process, and specifies minimum areas that the court shall address in the process and the rules prescribed.
   The bill also directs the supreme court to establish a domestic relations proceedings and domestic abuse task force to identify best practices for court processes and proceedings in domestic relations matters to address the needs of parties confronting domestic abuse and to reduce abusive litigation. The bill provides that at a minimum, the task force shall recommend changes in processes and court rules to address abusive litigation tactics used to intimidate, embarrass, harass, impoverish, or otherwise continue to abuse a party to a domestic relations proceeding; consider recommending the adoption of a one family–one judge assignment for the duration of domestic relations cases involving parties with a history of domestic abuse and the establishment of domestic violence courts to enhance victim safety and improve offender accountability; consider recommending sanctions to be imposed on parties who utilize abusive litigation tactics; and make recommendations for the education of judges, court personnel, attorneys, and others involved in domestic relations processes and proceedings involving parties with a history of domestic abuse to address the needs of the abused party and to avoid, recognize, and respond to abusive litigation.