Text: HF02292 Text: HF02294 Text: HF02200 - HF02299 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 236.8, Code 1997, is amended to read as 1 2 follows: 1 3 236.8 VIOLATION OF ORDER – CONTEMPT – PENALTIES – 1 4 HEARINGS. 1 5 1. A person commits a simple misdemeanor or the court may 1 6 hold a person in contempt for a violation ofanany of the 1 7 following: 1 8 a. An order or court-approved consent agreement entered 1 9 under this chapter, for violation of a. 1 10 b. A temporary or permanent protective order or order to 1 11 vacate the homestead under chapter 598, for violation of any. 1 12 c. Any order that establishes conditions of release or is 1 13 a protective order or sentencing order in a criminal 1 14 prosecution arising from a domestic abuse assault, or for1 15violation by an adult of a. 1 16 d. A protective order under chapter 232, by an adult. 1 17 2. In any contempt proceeding in which the person seeking 1 18 the contempt order is proceeding pro se and the defendant has 1 19 a right to appointed counsel or is otherwise represented by 1 20 counsel in the contempt hearing, the plaintiff shall be 1 21 eligible for legal assistance pursuant to section 13.34, 1 22 providing for the legal services for persons in poverty grant 1 23 program, if the plaintiff qualifies as an "eligible 1 24 individual" under that section. The county attorney may also 1 25 assist the person proceeding pro se, pursuant to section 1 26 236.3B. 1 27 3. If convicted or held in contempt, the defendant shall 1 28 serve a jail sentence. Any jail sentence of more than one day 1 29 imposed under this section shall be served on consecutive 1 30 days. 1 31 4. A defendant who is held in contempt or convicted may be 1 32 ordered by the court to pay the plaintiff's attorney fees and 1 33 court costs incurred in the proceedings under this section. 1 34 5. A hearing in a contempt proceeding brought pursuant to 1 35 this section shall be held not less than five and not more 2 1 than fifteen days after the issuance of a rule to show cause, 2 2 as set by the court. 2 3 6. A person shall not be convicted of and held in contempt 2 4 for the same violation of an order orcourt-approvedconsent 2 5 agreemententered under this chapter, for the same violation2 6of a temporary or permanent protective order or order to2 7vacate the homestead under chapter 598, for violation of any2 8order that establishes conditions of release or is a2 9protective order or sentencing order in a criminal prosecution2 10arising from a domestic abuse assault, or for violation of a2 11protective order under chapter 232listed in subsection 1. 2 12 Sec. 2. APPROPRIATION. There is appropriated from the 2 13 general fund of the state to the department of justice for the 2 14 fiscal year beginning July 1, 1998, and ending June 30, 1999, 2 15 the following amount, or so much thereof as is necessary, to 2 16 be used for the purpose designated: 2 17 For legal services for persons in poverty grants as 2 18 provided in section 13.34: 2 19 .................................................. $ 950,000 2 20 EXPLANATION 2 21 This bill amends Code section 236.8, regarding contempt 2 22 proceedings for violations of protective orders in domestic 2 23 abuse actions. 2 24 In cases where a contempt action for a violation of such an 2 25 order is pursued pro se by the person who is protected by the 2 26 order, this bill would provide that such a person is eligible 2 27 for legal assistance through the attorney general's program 2 28 for providing legal assistance to persons in poverty, if the 2 29 person who violated the order was entitled to appointed 2 30 counsel in such a hearing, or was otherwise represented by 2 31 counsel. In any such hearing, the person proceeding pro se 2 32 could also seek the assistance of the county attorney. 2 33 The bill makes an appropriation of $950,000 from the 2 34 general fund of the state to the department of justice to 2 35 contract for legal assistance to persons in poverty. 3 1 LSB 3642YH 77 3 2 jls/cf/24
Text: HF02292 Text: HF02294 Text: HF02200 - HF02299 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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