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PAG LIN
1 1 Section 1. Section 236.3, Code Supplement 1995, is amended
1 2 by adding the following new subsection:
1 3 NEW SUBSECTION. 6A. All prior domestic abuse actions
1 4 filed by the plaintiff against the current defendant,
1 5 including the case number, date of filing, county of filing,
1 6 and final disposition of the action.
1 7 Sec. 2. NEW SECTION. 236.3C FINANCIAL STATEMENTS FILED.
1 8 The plaintiff shall file concurrently with the petition
1 9 required by section 236.3, a statement of net worth set forth
1 10 by affidavit on a form prescribed by the supreme court and
1 11 furnished without charge by the clerk of the district court.
1 12 Failure to comply with the requirements of this section
1 13 constitutes failure to make discovery as provided in rule of
1 14 civil procedure 134.
1 15 Sec. 3. Section 236.4, subsection 2, Code 1995, is amended
1 16 to read as follows:
1 17 2. a. The court may enter any temporary order it deems
1 18 necessary to protect the plaintiff from domestic abuse prior
1 19 to the hearing, upon good cause shown in an ex parte
1 20 proceeding. Present danger of domestic abuse to the plaintiff
1 21 constitutes good cause for purposes of this subsection.
1 22 b. The court shall not issue a temporary order if the
1 23 plaintiff has, within the prior three years, filed three or
1 24 more petitions for relief under section 236.3 that were
1 25 dismissed within sixty days of the original filing date for
1 26 any of the following reasons:
1 27 (1) Upon motion by the plaintiff.
1 28 (2) Failure of the plaintiff to appear for a hearing under
1 29 this chapter.
1 30 EXPLANATION
1 31 This bill amends certain procedures for domestic abuse
1 32 actions filed under chapter 236. The proposed changes require
1 33 the plaintiff in such an action to list in the petition for
1 34 relief all prior domestic abuse actions filed against the same
1 35 defendant. In addition, the plaintiff is required to file a
2 1 financial affidavit concurrently with the petition for relief.
2 2 Finally, the court is prohibited from entering a temporary
2 3 protective order if the plaintiff has, under certain
2 4 circumstances, filed and dismissed three prior domestic abuse
2 5 actions within the past three years.
2 6 LSB 3956SS 76
2 7 jls/jj/8
Text: SF02317 Text: SF02319 Text: SF02300 - SF02399 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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