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PAG LIN
1 1 Section 1. Section 236.2, Code 1995, is amended by adding
1 2 the following new subsection:
1 3 NEW SUBSECTION. 1A. "Dating relationship" means a social
1 4 relationship of a romantic nature. In determining whether a
1 5 dating relationship exists, factors that the court may
1 6 consider shall include, but are not limited to, the length of
1 7 time the relationship has existed, the nature of the
1 8 relationship, and the frequency of interaction between the
1 9 parties.
1 10 Sec. 2. Section 236.2, subsection 2, Code 1995, is amended
1 11 by adding the following new paragraph:
1 12 NEW PARAGRAPH. e. The assault is between persons who are
1 13 or have been involved together in a dating relationship,
1 14 regardless of whether they have lived together at any time,
1 15 and the person committing the assault is eighteen years of age
1 16 or older.
1 17 EXPLANATION
1 18 This bill includes within the definition of domestic abuse
1 19 assaults between persons who have a dating relationship or
1 20 have had a dating relationship in the past, if the person
1 21 committing the assault is 18 or older. The definition is
1 22 utilized in both civil and criminal proceedings.
1 23 The bill may include a state mandate as defined in section
1 24 25B.3.
1 25 BACKGROUND STATEMENT
1 26 SUBMITTED BY THE AGENCY
1 27 This bill expands the definition of domestic abuse in
1 28 chapter 236. Tragic news stories as well as citizen contacts
1 29 to the citizens' aide/ombudsman office in recent years
1 30 indicate a need for a more inclusive definition of the
1 31 circumstances in which the domestic abuse chapter applies.
1 32 The citizens' aide believes the commonly used term
1 33 "domestic violence" is not in fact an accurate description of
1 34 the problem. "Relationship violence" may be a more accurate
1 35 description of the situation in which a partner in a
2 1 relationship or past relationship uses abusive behavior to
2 2 control a spouse, ex-spouse, co-parent, live-in or previous
2 3 live-in, current or previous dating partner. The citizens'
2 4 aide notes the behaviors of power and control occur regardless
2 5 of living arrangements or legal marital status. The common
2 6 thread running through these situations is not cohabitation or
2 7 marriage licenses or divorce decrees, but rather is a behavior
2 8 of power and control.
2 9 Some of the Iowa women injured and killed by boyfriends or
2 10 ex-boyfriends in recent years would not have been covered by
2 11 current domestic abuse laws. Therefore, they were unable to
2 12 receive immediate protections such as mandatory arrest of the
2 13 assailant, immediate issuance of no-contact orders against
2 14 assailants, or access to the domestic abuse pro se process for
2 15 seeking orders of protection from the court. The citizens'
2 16 aide proposes expanding the definition to include current or
2 17 former dating partners regardless of whether they have ever
2 18 lived together.
2 19 LSB 1230DP 76
2 20 mk/jw/5
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