Text: SF02317 Text: SF02319 Text: SF02300 - SF02399 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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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