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PAG LIN 1 1 Section 1. Section 598.5, Code 1995, is amended by adding 1 2 the following new subsection: 1 3 NEW SUBSECTION. 11. Contain a statement in substantially 1 4 the following form: 1 5 By executing this document I acknowledge that I have read 1 6 and have received a copy of the notice of automatic temporary 1 7 restraining order required pursuant to section 598.10. 1 8 Sec. 2. Section 598.8, Code 1995, is amended to read as 1 9 follows: 1 10 598.8 HEARINGS. 1 11HearingsExcept where the parties have agreed to the terms 1 12 of a dissolution decree, hearings for dissolution of marriage 1 13 shall be held in open court upon the oral testimony of 1 14 witnesses, or upon the depositions of such witnesses taken as 1 15 in other equitable actions or taken by a commissioner 1 16 appointed by the court. However, the court may in its 1 17 discretion closethea hearing. Hearings held for the purpose 1 18 of determining child custody may be limited in attendance by 1 19 the court. If the parties have certified in writing that 1 20 there has been a breakdown of the marriage relationship to the 1 21 extent that the legitimate objects of matrimony have been 1 22 destroyed and there remains no reasonable likelihood that the 1 23 marriage can be preserved, filed all documentation required by 1 24 the Code and the court, and entered into a written agreement 1 25 settling all of the issues involved with the dissolution of 1 26 marriage, the court may enter a jointly approved decree of 1 27 dissolution without further hearing. 1 28 Sec. 3. NEW SECTION. 598.10 AUTOMATIC TEMPORARY 1 29 RESTRAINING ORDER. 1 30 1. Upon the filing of a petition for dissolution of 1 31 marriage, separate maintenance, or annulment, an automatic 1 32 temporary restraining order shall be in effect against the 1 33 petitioner, and upon personal service, including acceptance of 1 34 service, of the original notice on the respondent, an 1 35 automatic temporary restraining order shall be in effect 2 1 against the respondent, and notice of the automatic temporary 2 2 restraining order shall be printed as additional provisions 2 3 upon the original notice, as follows: 2 4 Notice of Automatic Temporary Restraining Order. 2 5 You are further notified that an automatic temporary 2 6 restraining order is now in effect against the petitioner and, 2 7 upon acceptance of personal service of this original notice 2 8 and notice of automatic temporary restraining order on you, an 2 9 automatic temporary restraining order as set forth below is 2 10 also in effect against you until the final decree is entered, 2 11 the petition is dismissed, or until further order of the 2 12 court. You or your spouse may apply to the court for further 2 13 temporary orders, for modification, or for revocation of the 2 14 automatic temporary restraining order. 2 15 You and your spouse are: 2 16 Restrained from transferring, encumbering, concealing, or 2 17 in any way dissipating or disposing of any of your assets or 2 18 the assets of your spouse, without the prior written consent 2 19 of your spouse, or an order of the court, except as may be 2 20 necessary in the usual course of business or for the 2 21 necessities of life. You are to account to the court for all 2 22 extraordinary expenditures made after this temporary 2 23 restraining order is in effect. 2 24 Restrained from harassing, assaulting, molesting, or 2 25 disturbing the peace of your spouse or child of yours or any 2 26 child of your spouse. 2 27 Restrained from removing any minor child of yours or of 2 28 your spouse from the state of Iowa except in the usual course 2 29 of travel made for routine shopping, child care, or the 2 30 necessities of life, without the prior written consent of your 2 31 spouse, or an order of the court. 2 32 2. Upon the filing of a petition for dissolution of 2 33 marriage or separate maintenance, or annulment, the petitioner 2 34 is deemed to have knowledge of the automatic temporary 2 35 restraining order. Counsel for the petitioner shall 3 1 immediately deliver to the petitioner a copy of the original 3 2 notice containing the notice of automatic restraining order 3 3 set forth above. The clerk of the district court shall 3 4 deliver to a pro se petitioner a copy of the original notice 3 5 containing the notice of automatic restraining order. 3 6 3. This section does not limit or prohibit either party 3 7 from exercising any rights or remedies available under any 3 8 other provision of law. 3 9 4. The automatic temporary restraining order shall be 3 10 issued without bond. 3 11 5. This section does not apply to actions for modification 3 12 of an order or decree related to a dissolution of marriage. 3 13 Sec. 4. Section 598.35, Code 1995, is amended by adding 3 14 the following new subsection: 3 15 NEW SUBSECTION. 7. The grandparent has been denied 3 16 visitation for ninety days. 3 17 EXPLANATION 3 18 This bill provides that where parties to a marriage 3 19 dissolution action are in agreement regarding all issues 3 20 involved with the dissolution of the marriage and have filed 3 21 all required documents with the court, the court may enter a 3 22 jointly approved dissolution decree without holding a hearing. 3 23 The bill also provides for the automatic temporary 3 24 restraining orders against both parties to a dissolution 3 25 action prohibiting the parties from executing certain 3 26 transactions involving marital assets without the consent of 3 27 the other party except in the usual course of business or for 3 28 the necessities of life, from harassing, assaulting, 3 29 molesting, or disturbing the peace of the other party or of a 3 30 child of the parties, or from fleeing with a child. 3 31 Finally, the bill provides that a grandparent may petition 3 32 the court for visitation with a grandchild if the grandparent 3 33 has been denied visitation for 90 days. 3 34 LSB 1798SC 76 3 35 mk/sc/14
Text: SSB00086 Text: SSB00088 Text: SSB00000 - SSB00099 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
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