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Text: SF00454                           Text: SF00456
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Senate File 455

Partial Bill History

Bill Text

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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