Text: H01302 Text: H01304 Text: H01300 - H01399 Text: H Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Amend House File 719 as follows: 1 2 #1. By striking page 1, line 1, through page 4, 1 3 line 17, and inserting the following: 1 4 "Section 1. NEW SECTION. 598.23B PRO SE CONTEMPT 1 5 PROCEEDING VIOLATION OF CUSTODY OR VISITATION. 1 6 1. A party to an order or decree may initiate a 1 7 contempt of court action, pursuant to chapter 665, pro 1 8 se, alleging violation of a valid court order or 1 9 decree by another party regarding custody or 1 10 visitation. The application submitted shall be 1 11 accompanied by an affidavit, signed by the plaintiff, 1 12 stating the details of the violation of the order or 1 13 decree. 1 14 2. Upon a finding that the respondent has violated 1 15 a valid court order or decree regarding custody or 1 16 visitation, the court shall cite and punish the person 1 17 for contempt. Additionally, the court shall issue an 1 18 order stating that if the respondent subsequently 1 19 violates the court order or decree regarding custody 1 20 or visitation, the respondent is subject to citation 1 21 for violation of the court order or decree relating to 1 22 custody or visitation as provided in this section. 1 23 The plaintiff shall retain a copy of the order issued, 1 24 and upon the occurrence of a subsequent violation of 1 25 the court order or decree regarding custody or 1 26 visitation, shall present the copy of the order to the 1 27 law enforcement officer to demonstrate the prior 1 28 contempt of court finding against the respondent. 1 29 3. The department of justice shall prescribe 1 30 standard application forms to be used by plaintiffs 1 31 initiating contempt proceedings pro se under this 1 32 section. The forms shall include a box, which may be 1 33 checked by a plaintiff, indicating that the plaintiff 1 34 wishes to proceed but is unable to pay the cost of 1 35 filing and service. The forms shall also include an 1 36 affidavit to be completed by the plaintiff who does 1 37 not have sufficient funds to pay the cost of filing 1 38 and service. If an application is filed and service 1 39 is made without payment of costs, the court shall 1 40 determine at the hearing if payment of costs would 1 41 prejudice the plaintiff's financial ability to 1 42 proceed. The standard forms shall be the exclusive 1 43 forms used by plaintiffs proceeding pro se under this 1 44 section. The department of justice shall distribute 1 45 the forms to the clerks of the district courts, and 1 46 the clerks of the district courts shall furnish the 1 47 required forms to persons proceeding pro se under this 1 48 section. 1 49 4. a. If a party to an order or decree who has 1 50 been cited for contempt for violation of a court order 2 1 or decree regarding custody or visitation subsequently 2 2 violates such a court order or decree, a law 2 3 enforcement officer shall issue a citation to the 2 4 person for violation of a custody or visitation order 2 5 or decree upon presentation by a party of a copy of 2 6 the order previously issued by the court regarding 2 7 such previous violation. The citation shall include 2 8 the name and address of the person, the nature of the 2 9 offense, the time and place at which the person is to 2 10 appear in court, and the penalty for failure to 2 11 appear. Before the cited person may be released, the 2 12 person shall sign the citation as a written promise to 2 13 appear in court at the time and place specified. A 2 14 copy of the citation shall be given to the person." 2 15 #2. Page 4, by striking lines 21 and 22 and 2 16 inserting the following: "person with the crime of 2 17 violation of a custody or visitation decree or order." 2 18 #3. Page 4, by striking line 25 and inserting the 2 19 following: 2 20 "d. A person who commits a violation of a decree 2 21 or order for custody". 2 22 #4. Page 4, line 26, by striking the word 2 23 "section" and inserting the following: "subsection". 2 24 #5. Page 4, line 32, by striking the word 2 25 "interference" and inserting the following: 2 26 "violation". 2 27 #6. Page 5, by striking lines 2 through 7. 2 28 #7. Page 5, line 10, by striking the words 2 29 "UNLAWFUL INTERFERENCE WITH" and inserting the 2 30 following: "VIOLATION OF DECREES OR ORDERS FOR". 2 31 #8. Page 5, line 18, by striking the words 2 32 "unlawful interference with" and inserting the 2 33 following: "violation of decrees or orders for". 2 34 #9. Title page, line 1, by striking the words 2 35 "interference with" and inserting the following: 2 36 "violation of decrees or orders for". 2 37 #10. Title page, line 2, by striking the word 2 38 "mediation" and inserting the following: "pro se 2 39 contempt of court proceedings". 2 40 #11. Title page, line 3, by striking the words 2 41 "interference with" and inserting the following: 2 42 "violation of decrees or orders for". 2 43 #12. By renumbering as necessary. 2 44 2 45 2 46 2 47 BODDICKER of Cedar 2 48 HF 719.502 78 2 49 pf/jw
Text: H01302 Text: H01304 Text: H01300 - H01399 Text: H Index Bills and Amendments: General Index Bill History: General Index
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