Text: SF00454 Text: SF00456 Text: SF00400 - SF00499 Text: SF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 598.5, Code 1997, 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 Iowa Code section 1 8 598.10." 1 9 Sec. 2. NEW SECTION. 598.10 AUTOMATIC TEMPORARY 1 10 RESTRAINING ORDER. 1 11 1. An automatic temporary restraining order which 1 12 establishes restraints on the parties to a dissolution of 1 13 marriage, separate maintenance, or annulment action relating 1 14 to assets or actions against a spouse or child shall be in 1 15 effect as follows: 1 16 a. Against the petitioner upon the filing of a petition 1 17 for dissolution of marriage, separate maintenance, or 1 18 annulment. 1 19 b. Against the respondent following personal service on 1 20 and acceptance of personal service by the respondent of the 1 21 original notice. 1 22 2. Notice of the automatic temporary restraining order 1 23 shall be printed upon the original notice and shall provide as 1 24 follows: 1 25 "Notice of Automatic Temporary Restraining Order. 1 26 1. You are further notified that an automatic temporary 1 27 restraining order is now in effect against the petitioner and, 1 28 upon your acceptance of personal service of this original 1 29 notice, against you until the final decree is entered, the 1 30 petition is dismissed, or until further order of the court. 1 31 You or your spouse may apply to the court for additional 1 32 temporary orders or for modification or revocation of the 1 33 automatic temporary restraining order. 1 34 2. You and your spouse are: 1 35 a. Restrained from transferring, encumbering, concealing, 2 1 or in any way dissipating or disposing of any of your assets 2 2 or the assets of your spouse, without the prior written 2 3 consent of your spouse, or an order of the court, except as 2 4 may be necessary in the usual course of business or for the 2 5 necessities of life. You are to account to the court for all 2 6 extraordinary expenditures made when this temporary 2 7 restraining order is in effect. 2 8 b. Restrained from harassing, assaulting, molesting, or 2 9 disturbing the peace of your spouse, any child of yours, or 2 10 any child of your spouse. 2 11 c. Restrained from removing any minor child of yours or of 2 12 your spouse from the state, except in the usual course of 2 13 travel made for routine shopping, child care, or the 2 14 necessities of life, without the prior written consent of your 2 15 spouse or an order of the court." 2 16 3. Upon the filing of a petition for dissolution of 2 17 marriage, separate maintenance, or annulment, the petitioner 2 18 is deemed to have knowledge of the automatic temporary 2 19 restraining order. Counsel for the petitioner shall 2 20 immediately deliver to the petitioner a copy of the original 2 21 notice containing the notice of automatic temporary 2 22 restraining order. The clerk of the district court shall 2 23 deliver a copy of the original notice to a pro se petitioner 2 24 containing the notice of automatic temporary restraining 2 25 order. 2 26 4. This section does not limit or prohibit either party 2 27 from exercising any rights or remedies available under any 2 28 other provision of law. 2 29 5. An automatic temporary restraining order shall be 2 30 issued without bond. 2 31 6. This section does not apply to actions for modification 2 32 of an order or decree related to a dissolution of marriage. 2 33 EXPLANATION 2 34 The bill provides for the establishment of automatic 2 35 temporary stay against both parties to a dissolution of 3 1 marriage, separate maintenance, or annulment action 3 2 prohibiting the parties from executing certain transactions 3 3 involving marital assets without the consent of the other 3 4 party, except in the usual course of business or for the 3 5 necessities of life. The bill provides for the content of the 3 6 notice to be printed upon the original notice and provides 3 7 that a history of domestic abuse is a defense to dissipating 3 8 or disposing of assets under the bill. 3 9 LSB 1726SV 77 3 10 pf/sc/14
Text: SF00454 Text: SF00456 Text: SF00400 - SF00499 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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