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House Journal: Page 1083: Tuesday, March 31, 1998

13   an any of the following:
14     a.  An order or court-approved consent agreement
15   entered under this chapter, for violation of a.
16     b.  A temporary or permanent protective order or
17   order to vacate the homestead under chapter 598, for
18   violation of any.
19     c.  Any order that establishes conditions of
20   release or is a protective order or sentencing order
21   in a criminal prosecution arising from a domestic
22   abuse assault, or for violation by an adult of a.
23     d.  A protective order under chapter 232, by an
24   adult.
25     2.  In any contempt proceeding in which the person
26   seeking the contempt order is proceeding pro se and
27   the defendant has a right to appointed counsel or is
28   otherwise represented by counsel in the contempt
29   hearing, the plaintiff shall be eligible for legal
30   assistance pursuant to section 13.34, providing for
31   the legal services for persons in poverty grant
32   program, if the plaintiff qualifies as an "eligible
33   individual" under that section.  The county attorney
34   may also assist the person proceeding pro se, pursuant
35   to section 236.3B.
36     3.  If convicted or held in contempt, the defendant
37   shall serve a jail sentence.  Any jail sentence of
38   more than one day imposed under this section shall be
39   served on consecutive days.
40     4.  A defendant who is held in contempt or
41   convicted may be ordered by the court to pay the
42   plaintiff's attorney fees and court costs incurred in
43   the proceedings under this section.
44     5.  A hearing in a contempt proceeding brought
45   pursuant to this section shall be held not less than
46   five and not more than fifteen days after the issuance
47   of a rule to show cause, as set by the court.
48     6.  A person shall not be convicted of and held in
49   contempt for the same violation of an order or court-
50   approved consent agreement entered under this
chapter,

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H-8742B

 1   for the same violation of a temporary or permanent
 2   protective order or order to vacate the homestead
 3   under chapter 598, for violation of any order that
 4   establishes conditions of release or is a protective
 5   order or sentencing order in a criminal prosecution
 6   arising from a domestic abuse assault, or for
 7   violation of a protective order under chapter 232
 8   listed in subsection 1."
 9     3.  By renumbering as necessary.

© 1998 Cornell College and League of Women Voters of Iowa

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URL: /DOCS/GA/77GA/Session.2/HJournal/01000/01083.html
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