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PAG LIN 1 1 Section 1. Section 236.14, subsection 2, Code 1997, is 1 2 amended to read as follows: 1 3 2. a. When a person is arrested for a domestic abuse 1 4 assault,or is taken into custodyfor contempt proceedings1 5 pursuant to section 236.11, and is brought before a magistrate 1 6and the magistratewho finds probable cause to believe that 1 7 domestic abuse or a violation of an order or consent agreement 1 8 has occurred and that the presence of the alleged abuser in 1 9 the victim's residence poses a threat to the safety of the 1 10 alleged victim, persons residing with the alleged victim, or 1 11 members of the alleged victim's immediate family, the 1 12 magistrate shall enter an orderwhich shall requirerequiring 1 13 all of the following: 1 14 (1) That the alleged abusertoshall have no contact with 1 15 the alleged victim, persons residing with the alleged victim, 1 16 or members of the alleged victim's immediate family, and to. 1 17 (2) That the alleged abuser shall refrain from harassing 1 18 the alleged victim, persons residing with the alleged victim, 1 19 or members of the alleged victim's immediate family, in1 20addition to any. 1 21 (3) Any other conditions of release determined and imposed 1 22 by the magistrate under section 811.2. 1 23 b. A no-contact order requiring that the alleged abuserto1 24 have no contact with the alleged victim's children shall 1 25 prevail over any existing order awarding custody or visitation 1 26 rights, which may be in conflict with the no-contact order 1 27 unless the order is subsequently modified or terminated in 1 28 accordance with this subsection. 1 29 c. The court order shall contain the court's directives 1 30 restricting the defendant from having contact with the victim 1 31 or the victim's relatives. 1 32 d. The clerk of the court or other person designated by 1 33 the court shall provide a copy ofthisthe order issued under 1 34 this subsection to the victim pursuant to chapter 910A. 1 35 e. The order issued under this subsection has force and 2 1 effect until it is modified or terminated by subsequent court 2 2 actionin the contempt proceeding or the criminalor juvenile 2 3 court action by any court having jurisdiction over all parties 2 4 affected by the order and is reviewable in the manner 2 5 prescribed in section 811.2. 2 6 f. If a defendant is convicted for, receives a deferred 2 7 judgment for, or pleads guilty to a violation of section 2 8 708.2A, the court shall modify the no-contact order issued by 2 9 the magistrate to provide that the no-contact order shall 2 10 continue in effect for a period of one year from the date that 2 11 the judgment is entered or the deferred judgment is granted, 2 12 regardless of whether the defendant is placed on probation. 2 13 Upon an application by the state which is filed within ninety 2 14 days prior to the expiration of the modified no-contact order, 2 15 the court shall modify and extend the no-contact order for an 2 16 additional period of one year, if the court finds that the 2 17 defendant continues to pose a threat to the safety of the 2 18 victim, persons residing with the victim, or members of the 2 19 victim's immediate family. The number of modifications 2 20 extending the no-contact order permitted by this subsection is 2 21 not limited. 2 22 g. The clerk of the district court shall also provide 2 23 notice and copies of the no-contact order to the applicable 2 24 law enforcement agencies and the twenty-four hour dispatcher 2 25 for the law enforcement agencies, in the manner provided for 2 26 protective orders under section 236.5. The clerk shall 2 27 provide notice and copies of modifications or vacations of 2 28 these orders in the same manner. 2 29 h. Violation of this no-contact order, including modified 2 30 no-contact orders, is punishable by summary contempt 2 31 proceedings. A hearing in a contempt proceeding brought 2 32 pursuant to this section shall be held not less than five and 2 33 not more than fifteen days after the issuance of a rule to 2 34 show cause, as set by the court. If held in contempt for 2 35 violation of a no-contact order or a modified no-contact 3 1 order, the person shall be confined in the county jail for a 3 2 minimum of seven days. A jail sentence imposed pursuant to 3 3 this paragraph shall be served on consecutive days. No 3 4 portion of the mandatory minimum term of confinement imposed 3 5 by this section shall be deferred or suspended. A deferred 3 6 judgment, deferred sentence, or suspended sentence shall not 3 7 be entered for violation of a no-contact order or a modified 3 8 no-contact order, and the court shall not impose a fine in 3 9 lieu of the minimum sentence, although a fine may be imposed 3 10 in addition to the minimum sentence. 3 11 EXPLANATION 3 12 This bill amends Code section 236.14 to provide that a no- 3 13 contact order may subsequently be modified by any court having 3 14 jurisdiction over all of the parties affected by the order. 3 15 Presently, the language restricts modifications to a court 3 16 having jurisdiction over contempt proceedings initiated under 3 17 the chapter, or to a juvenile court with jurisdiction over the 3 18 matter. The bill also makes technical changes throughout the 3 19 subsection. 3 20 LSB 1211XS 77 3 21 jls/cf/24
Text: SF00324 Text: SF00326 Text: SF00300 - SF00399 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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