Text: SSB00115 Text: SSB00117 Text: SSB00100 - SSB00199 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Section 1. Section 236.3, Code 1995, is amended by adding
1 2 the following new unnumbered paragraph:
1 3 NEW UNNUMBERED PARAGRAPH. A person who is a party to a
1 4 pending dissolution of marriage proceeding, including a
1 5 proceeding for modification of a decree or order under chapter
1 6 598 and who is represented by an attorney in that action shall
1 7 not proceed pro se in a domestic abuse action under this
1 8 section.
1 9 Sec. 2. Section 236.3A, subsection 1, Code 1995, is
1 10 amended to read as follows:
1 11 1. The department shall prescribe standard forms to be
1 12 used by plaintiffs seeking protective orders by proceeding pro
1 13 se in actions under this chapter. The standard forms shall
1 14 include language in fourteen-point boldface type, with a box
1 15 which may be checked by the plaintiff, indicating that the
1 16 plaintiff wishes to proceed by filing an affidavit pursuant to
1 17 section 236.3, because the plaintiff does not have sufficient
1 18 funds to pay the cost of filing and service. The forms shall
1 19 also contain notice at the top of the forms that a plaintiff
1 20 who is a party to a pending dissolution of marriage
1 21 proceeding, including a proceeding for modification of a
1 22 decree or order under chapter 598 and who is represented by an
1 23 attorney in that action is prohibited from proceeding pro se
1 24 in an action under section 236.3. Standard forms prescribed
1 25 by the department shall be the exclusive forms used by
1 26 plaintiffs proceeding pro se, and may be used by other
1 27 plaintiffs. The department shall distribute the forms to the
1 28 clerks of the district courts.
1 29 EXPLANATION
1 30 This bill provides that a person who is a party to a
1 31 pending dissolution of marriage proceeding under chapter 598,
1 32 including a proceeding for the modification of a decree or
1 33 order, and who is being represented in that action by an
1 34 attorney is prohibited from commencing a domestic abuse action
1 35 under chapter 236 as a pro se plaintiff. A pro se plaintiff
2 1 is a person who is commencing the action without
2 2 representation by an attorney.
2 3 LSB 1709XC 76
2 4 mk/cf/24
Text: SSB00115 Text: SSB00117 Text: SSB00100 - SSB00199 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
Iowa General Assembly
Search: Senate Bills and Amendments (76th General Assembly)
© 1996 Cornell College and League of Women Voters of Iowa
Comments? webmaster@legis.iowa.gov.
Last update: Thu Feb 8 16:38:58 CST 1996
URL: /DOCS/GA/76GA/Legislation/SSB/00100/SSB00116/950209.html
jhf