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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 restraining orders against both parties to a
3 1 dissolution of marriage, separate maintenance, or annulment
3 2 action prohibiting the parties from executing certain
3 3 transactions involving marital assets without the consent of
3 4 the other party, except in the usual course of business or for
3 5 the necessities of life; from harassing, assaulting,
3 6 molesting, or disturbing the peace of the other party or of a
3 7 child of either of the parties; or from fleeing with a child.
3 8 The bill provides for the content of the notice to be printed
3 9 upon the original notice.
3 10 LSB 1726SC 77
3 11 pf/sc/14
Text: SSB00076 Text: SSB00078 Text: SSB00000 - SSB00099 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
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